Time between response to RFE and decision

[itkris]

I applied for H1 on Oct 10 2010. I got an RFE - (relatively benign - proof of labor cert filing) on Feb 22. My attorney responded and they changed the status to RFE Response Review on March 3rd. Unfortunately, I'm planning to go to India on the 26th.
- Would upgrading to Premium help at this time?
- What is the typical response time between RFE response review and decision?

Any help would be greatly appreciated. Thanks in advance.

[shervin143]

Would upgrading to Premium help at this time?
>>> Yes. It is never advisable to leave the country when an extension/transfer/COS is pending with USCIS. It is advisable you upgrade to premium and get a result before you leave the country.

What is the typical response time between RFE response review and decision?
>>> 1 - 3 months by normal process and 15 days by premium.

[subbuvel]

RFE response review - for more than 3 months

hi,

My L1-B visa & I-94 expired on 27-Aug-2010. My I-94 extension was filed by my company on 19th Aug 2010 and got RFE on 7th oct 2010. I responded to RFE on 30th Dec 2010, since 3-Jan-2011 USCIS shows "RFE Response Review" and it's been 3 months and the status has not changed yet. I am nearing the 240 day deadline after filing my I-94 extension which is on 24th April. please advice if I need to updagrade it to Premium ASAP and know my status or just withdraw the petition by 3rd week of April and return to India before the 240 day limit. please advice...

also I need to know if this will have an impact on my visa next time while applying for US.

Thanks
Subbuvel

[shervin143]

If you withdraw the petition, then the time spend in U.S after the I-94 expiry date will be treated as illegal stay. It is definetely a good idea to upgrade the case to premium to get the result within 15 days.
Also, since it is 90 days past responding to the RFE, your company attorney can take an infopass appointment with USCIS to discuss the progress of your case. That will speed up things.
https://www.immihelp.com/infopass-ap...nt-with-uscis/

hi,

My L1-B visa & I-94 expired on 27-Aug-2010. My I-94 extension was filed by my company on 19th Aug 2010 and got RFE on 7th oct 2010. I responded to RFE on 30th Dec 2010, since 3-Jan-2011 USCIS shows "RFE Response Review" and it's been 3 months and the status has not changed yet. I am nearing the 240 day deadline after filing my I-94 extension which is on 24th April. please advice if I need to updagrade it to Premium ASAP and know my status or just withdraw the petition by 3rd week of April and return to India before the 240 day limit. please advice...

also I need to know if this will have an impact on my visa next time while applying for US.

Thanks
Subbuvel

[subbuvel]

Thanks a lot for the quick response.

[subbuvel]

Hi Shervin,

Is that 15 business/working days??? or 15 regular days. assuming my company asks the attorney to file the Premium on 6th April, will I know my status before that 240 day period (April 25, 2011).

Thanks
Subbuvel

If you withdraw the petition, then the time spend in U.S after the I-94 expiry date will be treated as illegal stay. It is definetely a good idea to upgrade the case to premium to get the result within 15 days.
Also, since it is 90 days past responding to the RFE, your company attorney can take an infopass appointment with USCIS to discuss the progress of your case. That will speed up things.
https://www.immihelp.com/infopass-ap...nt-with-uscis/

[shervin143]

It jsut 15 days from the date of filing.

Hi Shervin,

Is that 15 business/working days??? or 15 regular days. assuming my company asks the attorney to file the Premium on 6th April, will I know my status before that 240 day period (April 25, 2011).

Thanks
Subbuvel

[subbuvel]

Hi,

My employer has advised me to exit US on 23rd April. My employer says "I can go back, but the USCIS will decide my petition either way, withdrawal will have no effect".

I need to know if my petition is approved after I go back.. lets say 30th April. Will I be able to go for stamping. All I need to know is that even after exiting the country, will my petition/I-94 extension will not be void??

Appreciate a quick response as I need to plan my travel...

thanks
Subbuvel

It jsut 15 days from the date of filing.

[shervin143]

If you exit the country now, then the chances are that your petition might get approved for consular processing (without a new I-94) and all the time spend in U.S after the I-94 expiry date (previous expired I-94) will be considered illegal. Yes, you can go for visa stamping oif the petition gets approved.

Hi,

My employer has advised me to exit US on 23rd April. My employer says "I can go back, but the USCIS will decide my petition either way, withdrawal will have no effect".

I need to know if my petition is approved after I go back.. lets say 30th April. Will I be able to go for stamping. All I need to know is that even after exiting the country, will my petition/I-94 extension will not be void??

Appreciate a quick response as I need to plan my travel...

thanks
Subbuvel

[subbuvel]

Thanks Shervin for the quick response...

if they my stay as illegal, will it affect my stamping/visa the next time...
My case is very strange that it took 7.5 months since filing the petition and no updates... the problem is that my company will not pay me beyond the 240day limit...

have you ever come across cases that went so long??

thanks
Subbuvel

It jsut 15 days from the date of filing.

If you exit the country now, then the chances are that your petition might get approved for consular processing (without a new I-94) and all the time spend in U.S after the I-94 expiry date (previous expired I-94) will be considered illegal. Yes, you can go for visa stamping oif the petition gets approved.

[shervin143]

if they my stay as illegal, will it affect my stamping/visa the next time...
>>> Yes. It very well can, depending on the VO you meet.

My case is very strange that it took 7.5 months since filing the petition and no updates... the problem is that my company will not pay me beyond the 240day limit...
>>> That is why it is advisabel to file the etension as early as possible. You should have filed it 6 months prior to the I-94 expiry date. When it got delayed beyond 90 days, you should have asked your company attorney to take an infopass apoointment with USCIS to discuss your case which might have speed up things. Alternatively, you could have asked them to go for premium processing to get the result within 15 days.

[ven99999]

I'm in B1 my b1 expires on feb 2nd... my company didi h1b premium processing for me unfortunately i got a query and after sending new client letter...Today my status changed to "On January 19, 2012, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location."...

q1: can i know how many days it took for changing status in uscis site?

q2: do i have to leave the country if i didn't get any update before feb 2nd?

[shervin143]

q1: can i know how many days it took for changing status in uscis site?
>>> Don't count on the status in the USCIS web site. They might not always even update the correct status on time. But since you have filed the petition in premium, you should get a result within 15 days from responding to the RFE.

q2: do i have to leave the country if i didn't get any update before feb 2nd?
>>> Yes. Otherwise you will accumulate illegal stay betwee your B1 expiry until the H1B approval.