h1 extension using recapture after rfe

[swati mp]

My h1 extension got rfe saying it's completed 6 years. But ibhad nearly 250 days of recapture time so I sent apt documents in response to rfe. Now even though California service center has sla of 60 days for this type of cases, my case has been in the "rfe response review" status for nearly 70 days now.
- should my employer raise a service request for this now or wait some more?
- does it help to make my petition premium now or it's too late?
- what is the response usually in such cases, do they accept recapture time as presented or are there other clauses?
- in case my application is rejected, what are my options to extend stay in US? Or do I have to exit US? Within how many days?

[kabkaba]

My h1 extension got rfe saying it's completed 6 years. But ibhad nearly 250 days of recapture time so I sent apt documents in response to rfe. Now even though California service center has sla of 60 days for this type of cases, my case has been in the "rfe response review" status for nearly 70 days now.
- should my employer raise a service request for this now or wait some more? -- They can do that
- does it help to make my petition premium now or it's too late? -- It is possible
- what is the response usually in such cases, do they accept recapture time as presented or are there other clauses? -- Depends on a lot of things, if properly presented, approval is likely
- in case my application is rejected, what are my options to extend stay in US? Or do I have to exit US? Within how many days?-- Is your I-94 expired? If so you cannot extend your stay within the US, you will have to leave immediately.

See above.

[swati mp]

Thanks for info. I94 is indeed expired, I had applied for extension before that date but with the RFE and now the RFE review phase extending beyond expected 60 days, obviously my I94 is now long expired (since April).
My employer may soon be applying for premium processing if we don't hear from USCIS within next 2 weeks.