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H1B Delay

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  • H1B Delay

    -Apologies if this has been covered before.-

    Hi all,

    Employer A filed my H1B back in November before quota was full
    Got RFE in March and applied back with documentation on June 6 with end client letter under premium processing
    USCIS showed on June 6 - initial review, Acceptance of premium processing on June 7 (weird, but never mind)
    USCIS showed on June 12 - Response review for RFE with content "will get back in 60 days"

    Although I applied in premium - it has been over 15 days.

    My Question
    Although latest quota finished on June 11 and I had applied last November, can employer B file H1B in last year's quota for me before Employer A's response is received? I'd also appreciate it if you could point me to someplace where I can find this info on USCIS site

    Thanks in advance for your help.

  • #2
    Unless employer A's petition gets approved, you are not considered to be counted against the CAP. Employer B cannot file a petition as the CAP has already closed.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      That is exactly what I thought, but was told otherwise from multiple people who were probably confused. Thanks for clarifying.

      Can you also help here:
      It's been over 15 calendar days (20 to be precise) since my case converted to premium processing with RFE response. My company says that I have to wait until USCIS responds (up to a maximum 60 days) before they can talk to them. They also say no such thing as refund of premium fee. Would you know with regards to it?

      Thanks again for your help


      • #4
        Well, if you case is converted to premium and if USCIS cashed the premium processing check, then they will respond within 15 days from receiving your RFE documents. If they cannot, they will refund the premium processing fee back. The employer cannot enquire about your case until they give USCIS at least 90 days. Once 90 days passes, they can take an info pass appointment with USCIS to discuss the progress of your case.
        Not a legal advice. Use of this information is strictly at your own risk.