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In leiu of NTA

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I am looking for advice and recommendations in this scenario:

My current H1b petition is expiring in 30 days and my employer got the final approval to go ahead with extension. however, they are considering filing in regular processing and not in premium.

At the current processing rate, by the time a decision comes thru on my case I94 would have expired, does that mean my case will be put thru NTA ? does USCIS start issuing NTA for all cases that fall under this scenario ?

Does anyone see a need for me to be filing the extension in premium ?

As mentioned on the top, I am looking for advice and the inputs will be very valuable.

Thanks for suggestions.


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If the extension is denied and  your i-94 is expired at the time of denial, you may be sent NTA by uscis. It is of paramount importance that extension is filed well in advance as you can  file 180 days before expiry or atleast filed in premium processing. 

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NTA may be issued only if the petition is denied. If approved, you will be fine. If you work for a contracting position or a low-level non-programming IT position such as QA/BSA etc. or if your education is not related to your job or any other possible denial reasons, you should have it filed in premium.

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