h1b after i140 approval

[Coolguy10]

Hi,

I have approved i140. I have completed my 6 year and currently in india. I am planning to apply extension with approved i140. So wanted to know whether PP will be available for my case after sept 11.

 

 

 

 

[care_candidate]

What do you mean by "whether Passport will be available for my case"?

 

 

[02112018]

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019,

https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

[VivekAnant]

I am in same situation. My H1B transfer + extension application mailed on Sep 10. Will it go under premium processing?

[Chicagom34]

On 9/8/2018 at 9:03 AM, Coolguy10 said:

Hi,

I have approved i140. I have completed my 6 year and currently in india. I am planning to apply extension with approved i140. So wanted to know whether PP will be available for my case after sept 11.

  

 

 

 

If you are in India, you are not applying for extension. It will be a new petition that will be cap exempt but will have to go thru regular processing

[Chicagom34]

On 9/20/2018 at 9:50 PM, VivekAnant said:

I am in same situation. My H1B transfer + extension application mailed on Sep 10. Will it go under premium processing?

Did you get the receipt number in email? If so, yes.

[Ken7]

On ‎9‎/‎28‎/‎2018 at 9:42 PM, Chicagom34 said:

If you are in India, you are not applying for extension. It will be a new petition that will be cap exempt but will have to go thru regular processing

That is not correct. It will be a 3-year extension based on an approved I-140, with consular processing as per AC-21. It will not be a new petition.

[Chicagom34]

22 hours ago, Ken7 said:

That is not correct. It will be a 3-year extension based on an approved I-140, with consular processing as per AC-21. It will not be a new petition.

No, my information is correct. 

Since the person is NOT in the US, they CANNOT apply for an extension of stay. 

Their employer will have to file a NEW petition on behalf of them, the petition will be exempt from counting towards the CAP because of approved I-140 and since it will be a NEW petition, it will NOT be applicable for Premium processing. 

[Ken7]

6 hours ago, Chicagom34 said:

No, my information is correct. 

Since the person is NOT in the US, they CANNOT apply for an extension of stay. 

Their employer will have to file a NEW petition on behalf of them, the petition will be exempt from counting towards the CAP because of approved I-140 and since it will be a NEW petition, it will NOT be applicable for Premium processing. 

Just repeating the words in CAPS doesn't make it correct. It is an H1-B 3- YEAR EXTENSION with CONSULAR processing, based on the approved I-140 or 1-year EXTENSION based on pending PERM. AC21 allows you to not be in H1 status and not be in the US AND APPLY FOR AN EXTENSION. Here's actual text, not just an opinion.

3 year extension Based on Approved I-140 petition under AC-21 106(c)

AC21 §104 H-1B EXTENSIONS (3-YEAR INCREMENTS)

8 CFR §214.2(h)(13)(iii)(E)(1): Per country limitation exemption from section 214(g)(4) of the Act. Authorizes approval of H-1B status beyond 6 years, in 3-year increments, for beneficiaries of approved EB-1, EB-2, and EB-3 petitions who can demonstrate that an immigrant visa is not available at the time the H-1B petition is filed because the immigrant visa classification sought is over-subscribed.

8 CFR §214.2(h)(13)(E)(2): Extensions may be granted until a final decision is made to revoke an approved IV, approve or deny an IV application, or approve or deny an adjustment of status application.

8 CFR §214.2(h)(13)(E)(3): Current H-1B status not required. Beneficiary need not currently be in H-1B status to qualify for an AC21 3-year H-1B extension.

8 CFR §214.2(h)(13)(E)(4): Subsequent petitioners may seek exemptions. H-1B petitioner need not be the IV petitioning employer.

8 CFR §214.2(h)(13)(E)(5): Advance filing. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. May request time remaining in 6 years at the same time as requesting a 3-year AC21 extension.

Every H1-B extension is a new application but it's based on an existing petition, and it's no different in this case, except for CONSULAR processing. And premium processing is absolutely valid under normal circumstances and under the current restrictions:

Premium Processing Remains Available for Certain H-1B Petitions

The suspension does not apply to:

1. Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization; or
2. Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:
   1. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or
   2. Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).