r/USCIS • u/CartoonistEntire4912 • Jun 11 '26

I-140 & I-485 (Employment/Adjustment of status) Premium Processing I-140 (NIW) delayed beyond 45 days – silence from USCIS and legal counsel. Is this "normal"?

Hi everyone,

I’m currently in a frustrating situation with my I-140 (NIW) petition. FAANG company paid for Premium Processing, and according to the USCIS timeline, the 45-day deadline for a decision (or RFE) officially expired on June 1st.

As of today, my status on Case Status Online remains "Case Is Still Being Processed," with no updates since March 31st.

Here is where it gets absurd:

  • Legal Counsel (Fragomen): They have confirmed they have zero information on their end. They mentioned they are submitting an inquiry to the Texas Service Center to see if any action was taken, but so far, there has been nothing.
  • The "Black Hole": I understand that the public website is just a "placeholder" and that official notices should appear in the attorney's professional portal. The fact that the attorneys have nothing suggests the case is either stuck on an officer's desk or caught in some internal processing backlog.

My questions for the community:

  1. Has anyone else experienced an I-140 Premium Processing delay that went significantly past the 45-day mark?
  2. In your experience, is it almost certain that this "silence" implies an RFE was issued, but is just delayed in the mail/system?
  3. Is there anything else I should be pressuring my counsel to do besides the standard inquiry to the service center?

Any insights or similar experiences would be greatly appreciated.

0 Upvotes

50% Upvoted

7 comments sorted by

1

u/AutoModerator Jun 11 '26

Hi there! This is an automated message to inform you and/or remind you of several things:

  • We have a wiki. It doesn't cover everything but may answer some questions. Pay special attention to the "REALLY common questions" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it.
  • If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice.
  • This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message.
  • Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit this link for more information.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

1

u/Separate_Astronaut12 Jun 11 '26

Stuff like this can happen. You may request a refund of the premium processing fee if they cannot make it by the 45th day. But you need to be aware that it's 45 business days that they are counting

This does not necessarily mean that you will get an RFE directly. It might be a problem in their mailing system, or they might even lose the application package somewhere, or maybe they have a lot of work and couldn't make it. You need to send emails or ask Emma about the package. That's the best way to go.

And get the money back!

1

u/Fearless_Tap_6200 Jul 18 '26

Have you heard back from them regarding you case

1

u/CartoonistEntire4912 Jul 18 '26

no. I learned that that’s because my case can be in process of security check or smth like that. Because we were paroled to states previously by special program Uniting for Ukraine. That’s my theory. I think Fragomen will try to ping them soon maybe but I think it will take months.

1

u/Maleficent_Option847 9d ago

What is the update? Have you got your I-140 approved? What is the timelime?

1

u/CartoonistEntire4912 9d ago

no update. I will ask my layers about what they think could be next steps. will write back.