Hi! I have an issue with premium processing petition.
I have never been in the US and didn’t join my current company with my approved H1B. Currently, I have a stamp in my passport.
Some other employer applied a new petition for transfer of my valid h1b approval for me. But 4 weeks that is in status: “Case Was Received and A Receipt Notice Was Emailed”.
So, I need to know:
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What reasons could cause such delays?
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Can I go to work for my new employer without waiting for petition approval?
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What should we do to get it approved?
1)1) What reasons could cause such delays?
Due to the high volume of the new H1b petitions that came in April 2018.
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Can I go to work for my new employer without waiting for petition approval?No, not until you receive the approved notice. You will need the approval to enter USA. If you had been living in USA already that would be a different case.
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What should we do to get it approved?You may upgrade to premium processing and get decision in 15 days. On regular processing you have to just wait, nothing else can be done.
Thank you for your response. They filled it already as premium.
If 15 days have already passed, you can file for refund. USCIS is obliged to return the money if no decision within 15 days. Your online statis should tell you about your 15 day clock. Does your online case status tell you about 15 day clock?
My case background:
June 19th: Filed for H1 extension
Aug 31: Upgraded to Premium Processing
Sep 5: Received RFE (employer-employee and proof for project lasting 3 years)
Oct 19: Employer replied to the RFE on Oct 9th and USCIS received it on Oct 15th
Current status on USCIS’: On Sep 5th, we mailed RFE letter
Question: 1) Response to RFE should have re-started the 15 day clock, right? 2) Will the employer receive a refund to the $1,225
I have tried looking for this over the web but nowhere it says clearly that the money will be refunded and steps to take if it takes beyond 15 days