I-140 Premium or Regular, 5 months to go

[Mansi]

Hello - I posted this in the wrong section so I am posting it here again and hopefully get some advice.

I am completing my 6 years of H1B this September and have PERM approved. Not sure if I should go for 140 regular now (and upgrade to premium later) or direct premium processing. I have both options available but premium can only be started 60 days before the expiry of my H1B (i.e. 1st Aug).

The reason I ask this is because I am not sure which option gives me more time to respond to an RFE (just in case). I wish to be better equipped for it as my 6 years will be over this September and I am not eligible for 1 year H1B extensions. My case is EB2.

Thank you,

Mansi

[user.murthy]

Go for PP if you can. I believe there are no "specific" rules for I-140 PP. One of my colleagues who still has 4 years on H1 got his I-140 approved in about 3 days when applied in PP. So, play safe and go for PP. It is not worth taking tensions :)

[Mansi]

Thanks user.murthy but from what I have gathered PP can only be applied 60 days prior to H1B expiration. See this link please:

http://www.murthy.com/news/n_pp4140.html

Is there newer info from USCIS that I am missing?

Mansi

[itsshanks]

My H1B is also ending 6-years limit in September. My company applied for my I-140 in PP in January and got it approved within 2 weeks that's too with a RFE. I asked my attorney about the restrictions on using PP and as he researched there is none, at least for I-140. Now my H1B extension is filed for 3 years extension which I couldn't have done w/o approved I-140. For sure its worth every penny.

[GC_Zoom]

What a BS this article is! My H1B 6th year will be completed in Dec'13 and I applied I140 premium processing in Oct'11 and approved in Nov'11. On the basis of approved I140, I applied H1B extension in March'12 and got approved till 2015.

Go for PP, if you can.

goodluck!

[Mansi]

That is interesting. See the link from USCIS below:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b2d8bde6869af110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

It specifically says:

Starting on March 2, USCIS will accept the Form I-907, Request for Premium Processing Service, for Forms I-140 filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:

• 
  Are the beneficiary of a form I-140 petition filed in a preference category that has been designated for premium processing service;
  
• 
  Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
  

Attorneys or experts, can you please take a look at this topic?

Best,

Mansi

[BigJoe5]

Thanks user.murthy but from what I have gathered PP can only be applied 60 days prior to H1B expiration. See this link please:

http://www.murthy.co...s/n_pp4140.html

Is there newer info from USCIS that I am missing?

Mansi

Did you not notice the date on that article? That may have been correct in 2008 but few things remain the same for very long in the realm of immigration. As of this writing there are 383 bills pending in Congress that turn up in a simple search for the word "immigration" at THOMAS (the Library of Congress website).

[Mansi]

I did and am gathering as much info as I can. Unfortunately its mixed so far. I have someone saying in this thread that their H1B expires this year in September and they got I-140 PP done in January. Then I read about rules (from the USCIS link I posted above) and its confusing. I haven't found any updated info on neither USCIS or other competent immigration websites.

So I am hoping someone who knows what is really the case to look at this thread. JoeF or an Attorney?

Best,

Mansi

[user.murthy]

Ok. I believe there is a limit to being Paranoid. Firstly, USCIS doesn't reject your case just because you've filed it with Premium Processing. If USCIS decides not to use Premium Processing, they'll anyway refund the money. Secondly, the case I've stated is what happened to my present colleague. I've seen his PP-I-140 go through in under a week. This guy is still in his 3rd year of H1-B and 3 more years to go. As BigJoe rightly pointed out, all the articles you are pointing at are referring to some date in 2008 and it is already 4 years since 2008. This is a long time and how does it matter to you as long as your case is attended to and adjudicated accordingly? Please stop being paranoid and go for Premium Processing. Good luck

[Mansi]

Dear user.murthy,

Request you to keep your personal opinions out of the thread. We are here to talk about facts (not opinions about a person). Just so you know, my attorney's work is questionable and so is his knowledge of immigration law and he thinks that PP cannot be filed, which is why I am here. And then I see that there are similar cases where it is being done.

Still working to find the correct info and hope someone like JoeF has it here. Thanks for your time so far.

Best,

Mansi

[Hope77]

There is nothing wrong in what user.murthy mentioned

[Mansi]

Thanks for all the replies. Unfortunately my lawyer doesn't agree and thinks I can only do it in the last 60 days.

I hope an Attorney can respond to this thread. Or someone who has a link to it. My search has been yielding mixed results and no USCIS confirmation.

[NOIRhelp]

Hello Mansi,

My company lawyer also was adamant about the rules being specific.

Please send him the following links:-

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=971b60657dd68210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5384e7f490cf1210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

The first link refers to a table that explains what Category of I140 is eligible for PP. The second link is a press release by the USCIS issued in June of 2009 reinstating PP service.

A friend of mine who was in his 4th year of H1 and was not anywhere close to H1 expiry got his I140 approved in PP last year.

I send the links to my employer and he send them to the lawyer who later agreed that the rules have changed.

Hope this helps! ...

[Mansi]

Thank you NOIRhelp. After pushing my attorney to double check the info multiple times, he found out that it can be done in PP.

Thread closed.

Mansi