H1B regular to premium


vtran

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Hi, 

 

My employer has filed H1B under regular processing. I wonder if I could speed up the process by applying for premium processing without my employer knowing? Can I just do that by myself or would the USCIS require my employer to do so?

 

Thank you!

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Hi, 

 

My employer has filed H1B under regular processing. I wonder if I could speed up the process by applying for premium processing without my employer knowing? Can I just do that by myself or would the USCIS require my employer to do so?

 

Thank you!

Only your employer can do it.

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Hi, 

 

My employer has filed H1B under regular processing. I wonder if I could speed up the process by applying for premium processing without my employer knowing? Can I just do that by myself or would the USCIS require my employer to do so?

 

Thank you!

And what else you wanna do without knowing your employer??

H1 is employer's petition, so he has to do everything w.r.t that petition.  If you don't like you employer then find another one.

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Thanks for all the helpful replies.

 

My situation is:

 

I'm working under OPT (will expire in Jan 2015, which means I won't be able to make the April deadline). My current employer is H1B cap exempt. They have started the filing process and plan to submit the application in 2 weeks.

 

I just received an offer from another employer two days ago, who is non-cap-exempt. So I need to get H1B from current first in order to do an H1B transfer later. 

 

With that being said, how should I approach this situation? Once I get my H1B from current employer, my future employer will file the transfer right away, may I resign then and start working with the new employer right away even though the transfer hasn't been approve?

 

Thank you!

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Thanks for all the helpful replies.

 

My situation is:

 

I'm working under OPT (will expire in Jan 2015, which means I won't be able to make the April deadline). My current employer is H1B cap exempt. They have started the filing process and plan to submit the application in 2 weeks.

 

I just received an offer from another employer two days ago, who is non-cap-exempt. So I need to get H1B from current first in order to do an H1B transfer later. 

 

With that being said, how should I approach this situation? Once I get my H1B from current employer, my future employer will file the transfer right away, may I resign then and start working with the new employer right away even though the transfer hasn't been approve?

 

Thank you!

You cannot transfer from cap exempt employer to cap subject employer without going through quota at least once.

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Oddly enough, after doing my research for a couple of hours, I found a lawyer who had filed a case that was exactly like mine (first time H1B from a cap-exempt to a non-cap exempt) in Jan this year and was approved in Feb - obviously quota had been reached at this point and there was no more H1B number available.

 

I thought it was strange so I reached out to him. He said the case was not filed under 'concurrent H1B', it was under 'Change of Employer', so straight up H1B transfer. He did his research too but decided to try anyway and the case was approved. Not sure if this case is pure luck or did I miss something in the picture...  

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Oddly enough, after doing my research for a couple of hours, I found a lawyer who had filed a case that was exactly like mine (first time H1B from a cap-exempt to a non-cap exempt) in Jan this year and was approved in Feb - obviously quota had been reached at this point and there was no more H1B number available.

 

I thought it was strange so I reached out to him. He said the case was not filed under 'concurrent H1B', it was under 'Change of Employer', so straight up H1B transfer. He did his research too but decided to try anyway and the case was approved. Not sure if this case is pure luck or did I miss something in the picture...  

There is a high probability that it was approved in error. This is my opinion.

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Thank you for all the replies.

 

Given my situation, since I'm still under OPT and want to work for the new employer. Is it possible under this scenario:

 

- I quit my current job and switch to the new employer starting July 1, 2014.

- My OPT will expire in Jan 31, 2014. I thus will leave the US, transfer to a different international office within the same organization, and continue to work under this company until July 2015. At this time, I have been with them for 1 year.

- Is it possible to file for L1 in this case to transfer me back to the US? Would I be subjected to any L1 cap or limitations?

 

Thanks!

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Thank you for all the replies.

 

Given my situation, since I'm still under OPT and want to work for the new employer. Is it possible under this scenario:

 

- I quit my current job and switch to the new employer starting July 1, 2014.

- My OPT will expire in Jan 31, 2014. I thus will leave the US, transfer to a different international office within the same organization, and continue to work under this company until July 2015. At this time, I have been with them for 1 year.

- Is it possible to file for L1 in this case to transfer me back to the US? Would I be subjected to any L1 cap or limitations?

 

Thanks!

L1 has no cap. Ask employer whether at a later stage they are willing to sponsor a L1 for you.

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