| Q. |
New H1-B
Its been 7 mths since I got selected in the H1 lottery. I got my case to premium processing in Sept and the company that filed my H1 recieved an RFE on Sept 24. The RFE was recieved by USCIS on November 4.
I am supposed to get married on Dec26 in Pakistan and have purchased my ticket for the Dec 10. This was planned around the time I got selected in the lottey and I purchased my ticket in Sept.
I have signed up for alert at the UCSIS website, however, since Nov 4 there has been no update in my case from UCSIS. The day I am suppoded to leave is approacing fast and I am not sure as what to do.
Is there something that I can do that can accelerate my processing, I already have Premium processing? I also have a meeting setup through infopass at the local Field Center for USCIS.
User's Location:
Plano, Texas, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
I am sorry that your H-1B is taking so long and that it is causing anxiety with your wedding plans.
If your case was filed through premium processing, CIS should adjudicate within 15 calendar days of the response to the RFE. If the RFE response was received on November 4th, a decision should be made by the end of this week.
If your matter was filed as a change of status and you travel before it is adjudicated, you will abandon that change of status request. The underlying H-1B could still be approved, but you would need an H-1B visa based on that approval notice before returning to the U.S. Of course this would be the case no matter if you travelled because you would need that H-1B visa before returning.
You should give CIS the 15 calendar days to adjudicate after receiving the RFE response. If no action, the petitioner can follow-up with premium processing unit as to status of case. If no movement, petitioner may want to consider having a congressperson in their area look into the matter.
I do not think INFOPASS will do anything, but there is probably no way it would hurt. I just do not think they will be able to place any inquiry for you as the beneficiary of an H-1B filing.
If your case is delayed due to security background checks, that is a more difficult issue to resolve.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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