upgrade my H1 extension to PREMIUM for RFE pros-cons


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Posted

I work as contractor in an IT firm. My H1 B extension was filed with amendment on November 5th, 2018. My visa got expired on November 18th, 2018. I got RFE on March 5th on Speciality Occupation. I can work till July 5th (i.e 240 days from Nov 18th) If I upgrade my H1 processing of  RFE to premium process, what is the chances of approvals

Pros and Cons please

Posted

First, on H1 you are NEVER a contractor. You are an employee. Your employer may send you to a client site, but that doesn't make you a contractor. You are still an employee and need to get paid by your employer.

Second, providing evidence of the job being a specialty occupation is what matters premium processing or not. That's what you and your employer should concentrate on. But if you or your employer thinks that you are a contractor the chances of approval are bad in either case.

  • 1 month later...
Posted

I agree. The outcome is independent of which category your application is being processed. What matters is if your petitioner had submitted all the required and supporting documents accurately. 

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