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Suspension of Premium Processing

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This week, Murthy Law Firm attorneys will answer questions regarding the most recent update regarding H1B petitions that are ineligible to utilize premium processing service.  

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Completing 6 years in H1B in February 15 2019. PERM is approved. I-140 will be applied in Premium mode. After the successful approval i-140 my company was planning to apply the H1B extension in premium. Now if the H1B extension is applied in normal mode before February 15 2019, can I stay in US and work for up to 240 days after February 15 2019 until i get the decision?

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5 hours ago, anushmita said:

My question is can a company apply for a H1b Transfer under premium process if it is a consular processing?

No, not once the suspension of premium processing goes into effect.

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My petition is of in-cap 2016 and approved till July 2019. Visa is stamped and I am yet to travel. But situation has changed and a amendment is required to be filed for a new client now.

 

So is the premium processing restriction is applicable to my case too? Kindly help!

Edited by Biswa6211

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My H-1B amendment/extension petition was filed in July 2018 at VSC in premium processing. I got a RFE in Aug 2018. My company will send RFE response by the end of Sep 2018.

With the new suspension going into effect on Sep 11, would USCIS process my RFE response in premium?

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My prospective employer is going to file H1b visa under the "change of employment" status tomorrow and it might be received by uscis by Tuesday/ Wednesday. Will I be eligible for premium? If yes, how and when would I know?

Edited by Venky88
Typos correction

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My H1B extension was filed on May 25 and got upgraded to Premium on July 27. USCIS issued a RFE on Aug 7. My Company will respond to RFE in another 2 weeks(probably after Sep 11) .Will my RFE response will be processed in premium -15 days?

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What is the future of the Cap gap Extension students( h1b is pending with USCIS). 30th September is the end of the validity. Can they use the grace period and stay in USA without working. Are there any problems using the grace period either now or in future. 

Can another COS be applied - F1 - h4 COS in the cap gap extension period.

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My H1B extension is coming up in the next month with the same company. All my previous H1b extensions were filed at the Vermont Center. Can I file for my current extension at the Nebraska Center under premium processing?

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Currently working for a proper full-time company A for the past 4.5 years in California on H1B. H1B ends on Dec 2019. Just got offer from a proper company B for full-time in Chicago. Mine is cap-exempt H1B. So, does Company B have to do premium processing for me before Sep 11? Or since company B is based in Chicago, can they still apply for H1B transfer with premium processing even after Sep 11 if they file it in Nebraska Service center?

Thanks,

Gautham.

 

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On 8/30/2018 at 11:53 AM, Raanchi said:

Completing 6 years in H1B in February 15 2019. PERM is approved. I-140 will be applied in Premium mode. After the successful approval i-140 my company was planning to apply the H1B extension in premium. Now if the H1B extension is applied in normal mode before February 15 2019, can I stay in US and work for up to 240 days after February 15 2019 until i get the decision?

Just now I had discussion with one of the Lawyer, she said starting 9/11 all the premium processing will be suspended till next year Feb , all mean change of Employer ( i.e H1 Transfer ) amendment , new petition, only extension will be consider in premium processing if there is no change in salary or job title or designation that too only in nebraska, rest all are in Suspension till 02/2019

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Hi, 
I want to join company C and my current H1 b from company B is under processing , company A filled I 140(in 2014) and they revoked H1B after company B H1 filling date .Am I eligible for premium processing with company C if they file as new employment / change of employer with consular notification after 11th Sep 18

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On 8/30/2018 at 10:27 AM, anushmita said:

My question is can a company apply for a H1b Transfer under premium process if it is a consular processing?

Consular processing is not part of the premium processing determination. The petitions affected are those filed at the Vermont and California (unless employment is at a qualifying cap exempt organization) Service Centers. 

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On 8/30/2018 at 12:53 PM, Raanchi said:

Completing 6 years in H1B in February 15 2019. PERM is approved. I-140 will be applied in Premium mode. After the successful approval i-140 my company was planning to apply the H1B extension in premium. Now if the H1B extension is applied in normal mode before February 15 2019, can I stay in US and work for up to 240 days after February 15 2019 until i get the decision?

The premium processing suspension does not affect automatic work authorization for a timely filed extension of status petition. 

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On 8/30/2018 at 7:29 PM, Vicrotia said:

Does the suspension of premium processing apply to H1b extensions?

Yes, for those filed at the Vermont and California (unless employment is at a qualifying cap exempt organization) Service Centers. 

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On 8/30/2018 at 8:46 PM, Biswa6211 said:

My petition is of in-cap 2016 and approved till July 2019. Visa is stamped and I am yet to travel. But situation has changed and a amendment is required to be filed for a new client now.

 

So is the premium processing restriction is applicable to my case too? Kindly help!

The petitions affected are those filed at the Vermont and California (unless employment is at a qualifying cap exempt organization) Service Centers. 

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On 8/30/2018 at 10:26 PM, njuser1 said:

My H-1B amendment/extension petition was filed in July 2018 at VSC in premium processing. I got a RFE in Aug 2018. My company will send RFE response by the end of Sep 2018.

With the new suspension going into effect on Sep 11, would USCIS process my RFE response in premium?

Based on the language of the announcement it is not entirely clear if USCIS will continue to process in premium processing, or refund the payment. However, in our experience it is unlikely USCIS will return the payment.     

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My H1B extension was denied in Aug 2018 and I am currently in India. My employer is reapplying for my cap exempt extension for the same client and same role. Unfortunately they wont be able to file it before Sept 11, 2018 as LCA isn’t certified yet. So will it be possible to apply premium processing in my case if they file after Sept 11 2018 from Nebraska center since there is no change in employer and role?

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Hi, If I apply H1-B transfer after Sept 11th and if it gets denied, will I be able to still continue working for my current employer if he doesn't revoke my current H1-B till transfer is complete?

And would you suggest working with new employer after getting receipt notice in current scenario?

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