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

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

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Attorney answers 4


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

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


premium may be filed any time.

Lynne R. Feldman, Attorney at Law



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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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 Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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