Do I need to wait until my H1b RFE response reaches USCIS and then elevate to Premium processing?

Asked 10 months ago - Richmond, VA

My employer file H1b petition this year under regular processing. I got a RFE. I want to convert it to premium processing. Do I need to wait until my RFE response reaches back to USCIS and then elevate to Premium Processing ? Or Can I just ask my attorney to elevate it to Premium Processing along with the RFE response in the same packet(mail)? Thanks for your help

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . You cannot make this decision and cannot ask for "premium" Only your employer can.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . A "regular" case like yours can be elevated to PP at any time prior to the final decision on the case.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Lynne Rogers Feldman

    Contributor Level 18

    1

    Lawyer agrees

    Answered . premium may be filed any time.

    Lynne R. Feldman, Attorney at Law

    website: www.immigrateme.com

  4. Anu Gupta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I generally file mine along with the RFE response.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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