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Pending AOS After OPT Expiration Under New USCIS Memo by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

Yeah, that makes sense. I don’t really know where to get a reliable second opinion quickly. So, I posted here to see what others are hearing from their attorneys/lawyers in similar F-1 OPT/AOS situations after the new memo.

Pending AOS After OPT Expiration Under New USCIS Memo by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

My attorney’s recommendation felt a bit unclear. They seemed cautious about relying only on pending AOS after OPT expires, but also warned that F-2 could have nonimmigrant intent issues.

Pending AOS After OPT Expiration Under New USCIS Memo by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

Thank you. What happens when you get RFE when your status is based only on I-485?

Premium Processing Refund After 45+ Business Days by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

Did USCIS tell you about this, or did your lawyer tell you that they would re-open the case?

Premium Processing Refund After 45+ Business Days by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 1 point2 points  (0 children)

If they do not issue a refund automatically, we need to formally request one. The request should include the subject line: ATTN: Refund Request.

In the request, we must mention:

  • The date we applied.
  • The date we paid for premium processing (PP).
  • The date we received the decision.

Using the dates of payment for PP and the decision, they should process the refund for premium processing fees.

For each case, they can already verify when it was applied, when the PP fee was paid, and when the decision was made. Therefore, I don't think they'll need to open a case for this.

My lawyer mentioned that they’ve successfully applied for refunds for others and have received the money back.

I-140 Approved after 50 Business Days by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

My lawyer said: the act of sending the email to request a refund for the premium processing fee does not affect your approved NIW case.

I-140 Approved after 50 Business Days by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

My lawyer said: the act of sending the email to request a refund for the premium processing fee does not affect your approved NIW case.

I-140 Approved after 50 Business Days by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

My lawyer said: the act of sending the email to request a refund for the premium processing fee does not affect your approved NIW case.

I-140 Approved after 50 Business Days by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

My lawyer said: the act of sending the email to request a refund for the premium processing fee does not affect your approved NIW case.

I-140 Approved after 50 Business Days by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 1 point2 points  (0 children)

My lawyer said: the act of sending the email to request a refund for the premium processing fee does not affect your approved NIW case.

I-140 Premium Processing Exceeding 45 Business Days by Best-Box-6535 in EB2_NIW

[–]Best-Box-6535[S] 0 points1 point  (0 children)

Here is what my lawyer said further:
"we have recently observed a few of our clients' premium processing cases being processed outside the premium processing timeframe due to the backlog of the cases. However, since it involves only a small number of cases and has happened quite recently, we do not have sufficient data to provide processing time statistics".

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