Hi my current Visa is valid till Dec 4rth. My attorney is advising against filing in premium, as per them chances of RFE is higher on premium. I am pushing for premium as I have only 2-1/2 months of valid Visa but also am worried about RFE. What should I do, push for premium or go for non-premium?
Premium
Premium. One way or other RFE will come or not.
Premium
If your I94 expires on dec 4, then premium. Processing time for H1B is about 3-4 months in regular. If your I94 expires at a later date, then it doesn’t matter. Having a pending petition with a valid I94 is considered being in status.
You are allowed to stay 240 days beyond your i-94 if you have a petition pending anyway.
Didn’t know that. Just read it on the USCIS site. Ok. It doesn’t matter. It’s all about your travel plans. If you want to travel during the Christmas vacation, then insist on premium.
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