H1 Cap Exemption Transfer RFE

[vinluv]

Hi,

I have filed for a H1 transfer under cab exemption in premium processing. got an RFE on 20-Jul-2015. My employer responded immediately with the docs requested.

This is my current status.

"On July 23, 2015, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC15xxxxxxxx. Our California Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address"

Please let me know, By when can we expect a decision on my petition and what are the chances of getting my petition approved.

TIA.

[shervin143]

Since it is filed in premium, you will get a decision within 15 days from USCIS receiving your documents for RFE.
No one can predict the chances of approval.

[vinluv]

Since it is filed in premium, you will get a decision within 15 days from USCIS receiving your documents for RFE.
No one can predict the chances of approval.

Hi Shervin143,

Its been 14days(including weekends) that USCIS received the response. Still there is no update on my petition. Will my petition be still under PP or will it come under normal processiog once we have an RFE?

[shervin143]

If there is an RFE, then USCIS will give you time to respond to the RFE (most likely 90 days). Once the RFE documents reach USCIS, it will take 15 days from that date to get a decision on your case. If there is no RFE and if USCIS doesn't act on your case, then they will refund the premium processing fee back and will convert your case to normal processing.

Hi Shervin143,

Its been 14days(including weekends) that USCIS received the response. Still there is no update on my petition. Will my petition be still under PP or will it come under normal processiog once we have an RFE?

[vinluv]

If there is an RFE, then USCIS will give you time to respond to the RFE (most likely 90 days). Once the RFE documents reach USCIS, it will take 15 days from that date to get a decision on your case. If there is no RFE and if USCIS doesn't act on your case, then they will refund the premium processing fee back and will convert your case to normal processing.

Hi Shervin143,

Finally on 15th day, I received a mail from my employer that my petition got approved. Thanks for your valuable information.

Only concern is they have approved for only 1year. Can i extention later when it is about to expire? (FYI my stay on previous visa was just 9 months)

-VinLuv.

[shervin143]

Yes, you can keep extending your H1B status until you use all 6 years in your H1B CAP. Post 6 years, to extend your status, you should have your I-140 approved.

Hi Shervin143,

Finally on 15th day, I received a mail from my employer that my petition got approved. Thanks for your valuable information.

Only concern is they have approved for only 1year. Can i extention later when it is about to expire? (FYI my stay on previous visa was just 9 months)

-VinLuv.

[vinluv]

Yes, you can keep extending your H1B status until you use all 6 years in your H1B CAP. Post 6 years, to extend your status, you should have your I-140 approved.

Thank You.