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  • H1 fee refund

    We applied for H1B for my wife this year (premium processing). We received an RFE from USCIS and unfortunately we were not able to submit the evidence before the deadline May 29, 2009. Now it’s July and still we have not got any decision from USCIS (no update on website too).

    Her employer stated that the case is not going to get procesed since the RFE was not replied to. Shouldn't USCIS sent the denial notice within 15 days from May 29? Or will they not continue to process the application at all since the RFE was not replied to?

    Will we get a refund of the $1000 paid for premium processing as we did not get any updates from USCIS within 15 days of May 29th?

    Will we get any fee refund if the employer cancels the petition before the final decision is given by USCIS?

    I will be thankful for any clarification on the above issues.

  • #2
    If you have missed the deadline, there is no refund.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      The clock for PP stops once an RFE has been issued until your response to RFE is received. USCIS can choose to take its own sweet time to send you a denial letter.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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