I filed my I-140 in the EB1(c) category using premium processing, and an RFE was issued within 20 days of filing. The RFE was very simple, so I responded almost immediately. Does that mean the USCIS has to issue a decision within 45 days of the date I filed the I-140?
09 Nov 2023Answer
No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one’s case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now has 45 days from receipt of the RFE response to take an additional action on your case. (08.Nov.2023)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved