H1b regular processing RFE received, should I go with PP now?

[yesort]

Hi my employer (no lawyer) filed H1b on 5/10 and I received RFE letter last week. We will mail back the response as early as tomorrow 7/25. My OPT expires on 9/6. Should I pay for PP now? Or can I try luck to see if it is approved by 10/1 (cap-gap from 9/6 to 10/1) https://vidmate.onl/ ? Thanks!

[tarhibniamul]

Hi my employer (no lawyer) filed H1b on 5/10 and I received RFE letter last week. We will mail back the response as early as tomorrow 7/25. My OPT expires on 9/6. Should I pay for PP now? Or can I try luck to see if it is approved by 10/1 (cap-gap from 9/6 to 10/1)? Thanks!

Given your situation, where you have received an RFE for your H-1B application and your OPT expires on September 6, you are in a critical time frame. Here are some considerations regarding whether to pay for premium processing (PP) now or wait: Key Considerations

1. RFE Response Timeline: You have 60 days to respond to the RFE, and the processing time for the RFE response can take an average of 90 days or longer. If your employer submits the response promptly, the clock for USCIS processing starts once they receive it.
2. Cap-Gap Extension: If your H-1B is approved before your OPT expires, you will benefit from the cap-gap extension, which allows you to remain in the U.S. until your H-1B status begins on October 1. However, if your OPT expires before your H-1B is approved, you may face a gap in your legal status.
3. Premium Processing Benefits: Upgrading to premium processing will expedite the decision on your H-1B application to 15 calendar days, which can provide peace of mind and ensure you know your status before your OPT expires. If the response to the RFE is submitted under premium processing, the clock restarts, and you will receive a decision more quickly.
4. Risk of Waiting: If you choose to wait and see if your H-1B is approved by October 1 without paying for premium processing, you risk the possibility of a delay or denial, which could leave you without legal status if your OPT expires before a decision is made.

Recommendation

Given the potential risks associated with your OPT expiration and the benefits of quicker processing, it is advisable to pay for premium processing now. This will provide a definitive answer regarding your H-1B status well before your OPT expires, minimizing the risk of falling out of status.