1. The premium processing is technically only for the I-140 petition
A reader asks:
Last February, I filed an I-140 petition to downgrade my EB category to EB-3 (non-premium processing), submitting it concurrently with my I-485, I-765, and I-131 applications. At the time, only the EB-3 “Dates for Filing” (Table B) had become current; however, the “Final Action Dates” (Table A) were not far behind, so I didn’t feel it was strictly necessary to pay for premium processing for the I-140. My attorney also advised against expediting the process right at the start; later, when I saw that the visa bulletin priority dates had retrogressed significantly, I decided against expediting it after all. About two months later, I received my Combo Card; however, it has now been 15 months since I filed the I-140, and it still hasn’t been approved—a timeframe far exceeding the normal processing standards. I have already submitted two inquiries via the USCIS website, but I haven’t received a response to either of them. Are they essentially trying to force me to pay the premium processing fee before they will actually process my case?
Alan Lee, Esq. answers,
You can continue making inquiries with USCIS, and hopefully you will soon receive a decision. You can also contact your US Congressman or Senator’s office for assistance. Otherwise, if you believe that you cannot wait much longer, you may wish to consider paying the premium processing fee which is presently $2965. As you may be aware, paying the premium processing fee does not mean that you will receive an approval within 15 business days. You can also receive a request for evidence, notice of intent to deny, or a denial. In addition, an approval of the I-140 petition under premium processing does not mean that you will receive a concurrent adjudication of the I-485. It may turn out that action on the I-485 will follow, but the premium processing is technically only for the I-140 petition.