RFE Response time for H1 Premium Processing?

Cow Boy

Registered Users (C)
My company is processing my H1 (F1 to H1) under Premium Processing. I got RFE and lawyer responded to it, INS recieved it yesterday.

Does any one know how long it takes for INS to decide after they recieve RFE Response.
 
Probably a day or two. Last year they asked me for RFE and my lawyer took 2 weeks to prepare the response but BCIS updated their website within 2 days saying case was approved. Dont worry.
By the way , what was the RFE?
 
my friend applied H1 through premium processing in VSC.
RD in Jan. 21, get RFE through Fax on 28. She Faxed response on Feb. 4, checked online today (Feb. 5), it got approved.

The RFE was about evidence that the job requires a minimum
of bachelor degree.
 
mine was also the same. Actually, my lawyer screwed up. He should have used some standard designations ... he just put there Developer. So BCIS said why Developer needs min. bacholar degree to perform his duties?
 
Still waiting ...

Friends,

I still haven't heard of any decision on my H1 for which INS recieved reply for the RFE on 4th Feb. Few people mentioned that decision comes in a day for premium processing.

Has the processing time increased now or can there be a problem with my response?

Any one in similar situation ...?

My employer is getting impatient and has started looking for permanent resident bcos of project demands.

Thanks

:confused: :mad:
 
It could be.

Or the adjudicating officer could be out sick or on a short vacation.

Or the officer could be new . . . or slow . . . or upset about something else . . . or sidetracked on another matter that has a higher priority . . . or about a million other things.

You will just need to wait and see a few days is typical but a week or 10 days is not unheard of.
 
Finally Online Status update - Approved

Finally Online Status update - Approved after a week of sending RFE response. Good to make it in quota this year.
 
F1 to H1

Hi,

Currently I am on F1 visa OPT and I am planning to apply for H1 and now the dilemma is that the quota for this year is almost availed and I am worried that my application would be rejected. I have my OPT until 30th Nov 2004. I am contemplating of applying to H1 right way by premium process or to wait until the next years quota begins. I see pros and cons in either of the options.

If I start my processing right now, there is every chance that my application is rejected and if I wait for next years quota, the applications applied in this year will be getting a higher priority. Please suggest me; I need to take decision as soon as possible.... I being on F1 status until now don't know much about H1 visas and how they work... Please tell me know if there are any other options.... Your suggestions will be highly appreciated.

Regard,
Ranjith
 
brjeeth, I think you can wait till next years quota starts

brjeeth, I think you can wait till next years quota starts and then in October file under Premium Processing. So by the time your opt expires in Nov you would have H1.
 
It depends.

Remaining on F1: Do you have a valid F1 visa stamp that does not expire until Nov 2004? Then, in case you need to travel outside, you can re-enter using that F1 stamp. if not, you would be required to renew your F1 stamp while on OPT, which is generally hard. F1 has some tax benefits. You dont pay social sec tax or medicare, which amounts to about 7.5% of your income. Quite sizable. (There are exceptions; if you have been in the US for > 5 years then you file tax as a US resident, and you pay these taxes, although your employer may not know about this, and might not withhold anyway, but now I am digressing)

If your F1 stamp has expired, then it is better to get onto H1B. So that the next time you travel outside you can get an H1B stamp and re-enter.

So it depends on when your F1 stamp expires, and whether you foresee any need to travel, and of course whether the quota has been reached.
 
Thanks for your responses.... I really appreciate your suggestions. I have talked to a lawyer today and he has suggested to apply for H1 sometime in May and put the start date after October 1st that way my application is in queue and I will be approved in next years quota. That way I can still keep my OPT and save some taxes and at the same time my H1 paper are in process too...I have my F1 visa until 2006 so in my case visa expiry is not the problem. I heard that if my OPT is expired, my visa is automatically expired....

Thanks,
Ranjith
 
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