Is USCIS issuing H1B RFE or denying applications without RFE?

Hi Anil,
Could you please help me in below case…Sorry, I have added the same query under another thread.

My H1B/I-94 will expire on 17-April-2019
Spouse H4/1-94 will expire on 17-April-2019

I will be completing 6 years on H1B next Dec 10 2019 (including 3 months of stay outside USA). I have got my approved I-140 from my previous employer

(a small consulting company). Around 3 years back I switched to an India-based MNC here, working at the client worksite from day1 and will be continuing working for the same client at the same location for few more years. Now, my current employer is in the process of filing for extension under normal category, but I am requesting to file it under premium processing. However, I came across few questions and concerns in light of NTA policy update on Sep 26, 2018 and no more RFE for extension.

  1. I have the client invitation letter where the project duration is mentioned for 3 years and Statement of Work (SOW) which gets renewed every year and all other relevant supporting documents will be provided by my employer. I am thinking about requesting for premium processing so as to find out if the extension is getting approved for 3 years or only until the end of my 6 years on H1B.

  2. Also, I am concerned if RFE is still being issues by USCIS for any missing documents OR its simply getting Accepted/Denied without any RFE?

  3. If the premium processing H1 extension request is denied due to some reason, will it cease my work authorization immediately even though my I-94 is valid until April 2019 OR I am still authorized to work till my I-94 expiry?

  4. if its filed under normal category, will I be legally allowed to work in US for 240 days from the date of my current I-94 expiry post filing of my extension?

  5. I believe, the average normal processing time is between 6-9 months
    5.1 If my extension is not approved before 240 days and is in pending status, what step I should be taking in this case.
    5.2 If the extension is denied within 240 days after the expiry if my I-94. I will I be getting any NTA from USCIS or I can leave USA without any issues.
    5.3 Will there be any impact on my dependent H4 visa holders.

Please can suggest/advise if I should be filing the extension request under premium or normal category. Thank you!

  1. Not sure if its a question?

  2. RFEs are still being issued for H1B extension cases. Do not worry if you submit all required documents from your side. If USCIS wants to get more information, they will issue RFE.

  3. If your H1B extension is denied, you can work until your current i797 h1B approval is valid. The extension is for future time that begins after your current approval ends.

  4. Yes, you can work upto 240 is your H1B extension application is pending at USCIS after i94 expiry.

  5. We track H1B processing time here daily:

5.1. You can stay in US but cannot work after 240 days. Normally, it is better to leave US and wait outside for your H1B result.

5.2. If extension is DENIED anytime after i94 expiry, you immediately go ‘out of status’. It is recommended to leave US within 10-15 days after denial.
NTA is not issued immediately and on top of that, USCIS is NOT issuing NTA for H1B at the time of my writing.

5.3. Your dependent H4 status is attached to your H1B status. If your H1B is denied, they also fo out of status along with you.

Thank you so much Anil for your quick answer.

Sorry for not being able to make the 1st points more clear.

Actually my first point is; whether I should apply the extension under normal or premium processing. Since I have now entered into 6th year of h1B visa and my approved i140 is from the previous employer I am just anxious if I file it under premium processing I will come to know about the extension duration in 2-3 weeks time and accordingly I will plan in every thing…

If I file it under normal category, the processing time will be between 6 to 9 months and in the end if I don’t get 3 years extension based on approved i140 from previous employer and its only approved until the end of my 6th year visa (including 3 months stay outside USA) , then I will not have enough time in hand . And if it gets denied after waiting for 8-9 months , I will have leave USA within 10-15 days…

Based on my current situation and approved i140 from previous employer, please can you suggest if I should continue with normal processing or request to convert it to premium.

Thank you!

I suggest to apply in premium and get result faster than waiting for 8 months.

It does not matter if i140 is from other Employer. It is allowed to be used for H1B extension.