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When should we convert case into premium case ?

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  • When should we convert case into premium case ?

    Hello,

    I got RFE on 3rd August. I am able to collect all documents and forwarded it to attorney on 14th August, but it was Friday, so I will consider they will look at my case on 17th August (Monday - tomorrow). I have unavoidable travel to India on 9th October. Currently I am in US on L1B visa, which is going to expire on 31st October. I am assuming that I would be able to do change of status (from L1B to H1B) only if my H1B is approved before 9th October. Please correct me if I am wrong.
    If above is correct, my H1B has to be approved before 9th October. Few other posts suggested to go with Premium processing to speed up my case. I have 54 days left. At what phase attorney can change my case from normal premium to premium processing ? Can I wait for one more month and see, if USCIS is working on my case and RFE documents quickly and if there is no progress, I will ask my manager to talk to attorney to convert my case into premium processing ?
    Still I have 54 days, so if I ask my manager to change my case into premium processing, he may not ready as he has to spend money but later he may approve to go with PP, when he will realize that there is less time now.
    Please advice.

    Regards

  • #2
    I got RFE on 3rd August. I am able to collect all documents and forwarded it to attorney on 14th August, but it was Friday, so I will consider they will look at my case on 17th August (Monday - tomorrow). I have unavoidable travel to India on 9th October. Currently I am in US on L1B visa, which is going to expire on 31st October. I am assuming that I would be able to do change of status (from L1B to H1B) only if my H1B is approved before 9th October. Please correct me if I am wrong.
    >>>That is correct. If the H1B gets approved while you are in India, the you can still enter U.S in H1B status if you get the H1B visa stamped.

    If above is correct, my H1B has to be approved before 9th October. Few other posts suggested to go with Premium processing to speed up my case. I have 54 days left. At what phase attorney can change my case from normal premium to premium processing ?
    >>> Anytime before the decision is made.

    Can I wait for one more month and see, if USCIS is working on my case and RFE documents quickly and if there is no progress, I will ask my manager to talk to attorney to convert my case into premium processing ?
    >>> Yes.

    Still I have 54 days, so if I ask my manager to change my case into premium processing, he may not ready as he has to spend money but later he may approve to go with PP, when he will realize that there is less time now.
    >>> Sounds reasonable.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin.
      Processing is delaying this year due to back logs. Do we know, after providing RFE, how much time it can take to get result ? I understand, nobody can tell exact time, but based on experience and assumption, what is average turnaround time ? May be this can give me some relief.

      Comment


      • #4
        Anywhere between 1-4 months.

        Originally posted by abhisheks77 View Post
        Thanks Shervin.
        Processing is delaying this year due to back logs. Do we know, after providing RFE, how much time it can take to get result ? I understand, nobody can tell exact time, but based on experience and assumption, what is average turnaround time ? May be this can give me some relief.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          In how much time, USCIS is suppose to give result, if we go with PP ? Is it something fixed ?
          Few other posts say 15 days and other says different.

          Comment


          • #6
            If you upgrade the case to premium, then USCIS will respond within 15 days from receiving the request for the upgrade.

            Originally posted by abhisheks77 View Post
            In how much time, USCIS is suppose to give result, if we go with PP ? Is it something fixed ?
            Few other posts say 15 days and other says different.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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