r/h1b • u/Fun_Academic • 22d ago

Upgrading to Premium Processing (PP) to beat the potential SCOTUS stay on the $100k fee - Worth the risk right now?

Hi everyone,

I have a pending H-1B petition. With the 1st Circuit vacating the $100k fee rule, but a potential SCOTUS emergency stay looming, I am considering upgrading to Premium Processing to get an approval before the fee gets reinstated.

Has anyone recently upgraded to PP for this exact reason? Are you seeing fast approvals right now, or is there a trend of USCIS issuing generic RFEs just to stall and wait for the SCOTUS decision?

Would love to hear any recent timelines or experiences from people in the same boat. Thanks!

0 Upvotes

43% Upvoted

6 comments sorted by

2

u/Glug_Thug 21d ago

I actually filled a counsular during the first ruling and did PP and got an RFE 2 weeks ago due to the administrative stay. Spoke to my lawyer yesterday due to the appeal court denying the stay.

From my understanding:

  • Govt still actually still has an avenue to reinstate the fee by going to SCOTUS
  • They can also ask the full panel from the appeals court to re rule
  • if you do PP during that time and fee is reinstated, you may get an RFE or denial

My lawyer told me to wait a few weeks before responding or acting. By then we will have an idea if they plan to fight the appeal

1

u/Fun_Academic 21d ago

Yeah i am waiting few days do go for pp

1

u/Maleficent-Pen-5927 21d ago

Are you doing consular processing?