Got RFE on H1B extension and it got denied. Planning to refile. How long are the refile decisions taking? Premium processing has been stopped, so it will be usual queue? Anyone been through this?

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Extensions can go to Nebraska center in premium.

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Planning to refile before Visa expires, so then I can stay upto 240 days in status, or till the refile petition is denied. I heard that a lot of refiles are being approved. Also wondering how long they’ll take to give refile decision. If it takes 6-8 months, then maybe I just refile and get additional time since I am in status? Advise needed and welcomed!!

D1 - I thought Premium was stopped from 11 Sept till Feb 2019? Are you saying if I chose Nebraska Center than they allow premium processing?

Premium processing suspension does not affect extensions, which are done in Nebraska center. It affects California and Vermont, which handles everything else.

I’m not sure if you can have them send it to Nebraska. My lawyer said it has to be California per the rule. Also, my extension got an RFE and then rejected. They refiled and it was approved. This was 2 months back though while premium processing existed

P1 - thanks! Which lawyer was this - PwC Law? Can you share the reason for rejection as we are in process of refile and it will be helpful.

EY1 my extension went to California

Okay OP, i could be wrong about the extensions being processed only at Nebraska, but i think he suspension in general does not affect extensions.

So actually guys I do not want to go for premium processing for refile - I need the extra time to make some alternate arrangements - so wondering what the average time for approval is. If it’s 6-7 months then I will be in status and can still work and get paid for 240 days from visa expiration date. This gives me the additional time I need.

I’m well aware they can reject the refile (hope they’ll approve it though). So I will be prepared to leave US in that event, maybe on secondment. hopefully they don’t send the adverse decision quickly!

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