Legal Question in Immigration Law in California
Extension for a Temporary Religious Worker
I was granted an R1 visa two years ago, and the first term expired in January 2004. About a month before expiration I applied for an extension, but to this day I have not received an answer (except for the confirmation that they received my papers). I decided to stay in the US, hoping that the extension would come. The Case Status Update (Feb 20) shows that the California Center processes I-129s dated Sept 28.
What is the worst case scenario here? Is there anything I can do to check my status or to speed up the processing? Can they still grant me the extension?
I appreciate your help.
2 Answers from Attorneys
Re: Extension for a Temporary Religious Worker
You already filed the R-1 extension so I don't think they'll accept the premium processing Form I-907.
Because you filed the extension before the expiration of the first term, relax, you are not considered to be out-of-status if and until they deny the extension.
Liem Doan, Esq.
Re: Extension for a Temporary Religious Worker
Thank you for your inquiry. You may file form I-907 (request for premium processing) making sure to include a copy of the receipt notice for your R-1 extension. There is a $1,000 fee that must be paid to the USCIS but this will serve to expedite the adjudication of your application. The USCIS has fifteen days to adjudicate your application once they receive the I-907 (approve, deny, or ask for further evidence). If the USCIS requests more evidence they have another fifteen days from the date they receive the same to adjudicate. If they fail to meet the deadline they must refund the petitioner the $1,000 fee. If you have further questions or concerns please do not hesitate to contact me directly at 619.233.0900.
Sincerely,
Linda Decker
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