I140 Premium Processing RFE Response on 15th day and still no decision

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I got an RFE on I140 premium processing and my lawyer replied to the RFE 3 weeks back. On USCIS website if I try to track the receipt number this is what is says "Your Request for Premium Processing Service for your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on December 13, 2013. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete." Today is the 15th day of the premium processing and we haven't heard anything. Any suggestions?

Attorney Answers

5
Hector J. LopezImmigration AttorneyHouston, TX ·
Once an RFE has been issued, USCIS is under no obligation to guarantee an answer within 15 days from the date of the replying to an RFE. The way the premium processing unit works is that they guarantee some type of "action" taken within 15 days from the date of filing. This action can include an approval, an RFE, a notice of intent to deny or a denial. Once any of these actions have been taken, they have earned their premium processing fees. Depending on the circumstances, filing under the premium processing program could make a case more likely to receive a request for evidence than a case filed under the regular processing. They can technically take as long as they deem necessary to make a decision on your case.
0 upvotes
Lindsey Weller ·
Be patient, you may receive a response by the end of the day. Also--keep in mind with the holidays it may be delayed a day or two.
0 upvotes
F Capriotti 2793192.Html ·
Suggestions? 1. Call your lawyer ... CIS often sends an e-mail/fax at the last minute. 2. Confirm with him/her that the NEW 15 day clock has expired.
0 upvotes
Gen Kimura ·
If USCIS fail to adjudicate the case within 15 calender days, USCIS will refund the premium processing fee and will continue to review your case.
0 upvotes