My employer applied for the H1B lottery this year on regular processing and i was picked in the lottery. I received and RFE regarding employer employee relationship and few other employer related queries. I have sent documents like client letter from my side and employer has all the documents from his side ready as well. They are ready to send RFE response upgrading to Premium Processing and has left the decision to me. But they are suggesting there are high chances of rejection if upgrading to PP. I am in quite a dilemma here as this is a huge deal for me. I read somewhere if i upgrade to PP, the RFE Docs goes to a different Adjudicating Officer than the one who asked for original RFE and also there might be a reason for USCIS to think why i need PP now. I have my OPT till Feb 15 which adds to my problem. Please advise?
If you have all the necessary documents collected and company is willing to do a premium processing do it. Most likely it will be a positive outcome. In the rare case that is isnt, you will have time to prepare for change in status. If you do regular now then you might have months for decisions. Since PP just opened, lots of cases may be pending on the regular processing queues. Thats what i would do.
If you have all the evidence for rfe response go for pp .. officer don't deny case deliberately..
Rumors are untrue. Premium processing does not mean rejection.
Thanks a lot guys!! Will go with PP only at least will get decision earlier and make plans as per the result. This year H1B has been very tough though with USCIS March memorandum on Computer Programming not being Speciality Occupation and also indirectly Trumps' stance on Hire American policy. High number of Wage Level I RFEs. Got to know that this year there was 50% more RFEs than last year. Well time to think about moving to other countries if this anti-immigration policy continues.
It seem like the RFE is related to your employer side not you, sometimes they need to show current tax filing, earnings and revenues, sometimes those documents take some time to prepare. These documents will be same for other employees too they are sponsoring. Some employers are on bad standing on sponsoring, so they might check those things. Good thing RFE is not related to your Job or education. At this case I don't suggest PP since the result will be very soon, lets be positive and say it will get approved then that's very good, what if its not, and send you another RFE then you need to plan alternatives and sometimes may take time. One more thing can you extend your OPT or this is your final extension? If so plan of doing that as well. I would say plan for alternatives just in case so that whatever process, regular of PP you do, you have backup. Good Luck sathi
C_N,
As it is mentioned above RFE does not mean rejection but validation of application. It is very common to get RFE about employer-employee relation if your petitioner and your client you deliver service are different. Since it is said that your client already provided you a client letter things should be easier ( most of the times client does not provide such documentations to contractors). As you said your employer is positive to respond RFE there is nothing to worry about. If your employer is shady consultancy then the chance of responding RFE is less (I have experienced that my employer lied in the past about responding RFE when they had to provide info related to their company).
Other than that I do not see any problem going for PP. If you have everything that you can provide that are asked on RFE there is no reason to not go for PP. If there is not enough evidence to support RFE, petition will be denied either it is P P or not and same is true other way around. If I were you I would go for PP and get the result soon that would provide me enough time to prepare myself rather than tracking my case everyday at uscis.org. The only advantage for not going for PP is saving that $1225 here.
P.S: Above is not a legal advice, just my opinion.
Thanks a lot josedai and solta bros for your insights and suggestions. Only RFE my employer seems to have doubt about is the Wage Level I which i also got. USCIS is saying how is the entry level job an speciality occupation. I have been working with my current client for more than 2 yrs now and have all docs like client,vendor letters, SOWs, weekly statua sheets, performance reviews and all. Seems like it was my bad luck i got picked in lottery this year and not last year. Trumps stance and the memo on March most likely will kill me. Didnt want to university again, looks like i will have to. :(
Thanks again guys for the help.
I was in the same boat. I kept asking my employer for premium processing but they kept asking me to wait at least few more weeks to see the trend of the decisions on pp. My RFE was received on Oct 2nd and today 10/23, my case is approved in normal processing.
@chelseafc: Congrats bro, good to hear about your approval. Great that even in normal processing you got the decision so quick. Mine was sent with PP yesterday. Since it is a Wage Level I RFE, fingers crossed!!
My case was approved today after upgrading to PP guys. Thanks a lot for your insights and help. PP being risky looks like a myth only.
@chabahil_nepali
Congrats friend, I have got the same RFE *Wage Level I", could you share what kind of responses were prepared for it. It will be beneficial as my lawyer has little clue as well because of this new type of RFE, It is making me worried. Thanks in advance!
Congratulations my friend! Onwards and upwards!
@tuke123: sorry for the late response bro!! My employer didnt disclose all the docs they sent but i made a detailed itinarery of services corelating all the tasks i i perform with subjects i studied in School.
Hey Chabahil_Nepali bro! Is it possible for you to send me the "detailed itinarery of services corelating all the tasks i i perform with subjects i studied in School." that you mentioned for a reference?
I would appreciate a lot if you could do this favor to me.
Thanks!!
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