More details to this question:
My new employer filed for H-1B transfer under premium processing. However, 15 days after getting the receipt notice, the USCIS portal updated the status to "Case Was Changed To A Premium Processing Case". I am confused whether this means that USCIS took 15 days to convert my case to premium processing and now they will process my H-1B transfer application, or is it just the delay on their portal and my premium processing clock had already started 15 days ago?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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I will assume that you received a late message from USCIS. Under premium processing on form I-129, USCIS is given 15 business days to reach the case after receiving it, at which point it can approve it, send a request for evidence or notice of intent to deny, or a denial. If USCIS takes more than 15 business days to reach your case, it is obligated to give back the premium processing fee and continue processing the case under premium processing. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 25th, 2024 at 6:07 PM