H1 fee refund

[ramvin]

We applied for H1B for my wife this year (premium processing). We received an RFE from USCIS and unfortunately we were not able to submit the evidence before the deadline May 29, 2009. Now it’s July and still we have not got any decision from USCIS (no update on website too).

Her employer stated that the case is not going to get procesed since the RFE was not replied to. Shouldn't USCIS sent the denial notice within 15 days from May 29? Or will they not continue to process the application at all since the RFE was not replied to?

Will we get a refund of the $1000 paid for premium processing as we did not get any updates from USCIS within 15 days of May 29th?

Will we get any fee refund if the employer cancels the petition before the final decision is given by USCIS?

I will be thankful for any clarification on the above issues.

[ImmigAttyLana]

No, you will not get any type of refund, but if there has not yet been a decision and you have the documentation with which to respond to the RFE, submit them now and give an explanation as to why they were not submitted in a timely manner. Until there is a final decision, you can still submit evidence and hope for a favorable decision.

Why would you submit a petition through Premium Processing, knowing that this is more likely to produce a RFE and then not respond to the RFE? That seems a bit counterproductive.