USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

[khandoba1986]

Here is the New Rule - 

 

 

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

 

Question - a) My H1 transfer petition will reach USCIS tomorrow (20th May 2015).  Premium processing is suspended for H1 "transfer" as well from 26th May till June 27th OR its only for H1 extension?

b) Chances of getting H1 transfer delayed due to this new rule (more then 15days)

 

Please suggest. 

 

Thanks,

Ajay

[rcd321]

Does this apply to H1 amendment too?

 

I have to travel first time(Visa stamped on Dec 2014- valid until Sep. 2015) from India to US, LCA was applied for location change and amendment, which I should be getting by this weekend. Company has approved to file for H1B amendment under PP.

 

Now because of this new rule, The lawyer is suggesting to travel without filing for H1B amendment and once I land immediately the next day we'll start the amendment. Is this advisable?

 

Please advice.

 

Thank you 

[sid_red]

I am looking for a response to this too. My situation is something similar. I have an approved I-140. I accepted a job offer a couple of days ago and they will be looking to file my H1 transfer petition in the next week or so. Will my future employer be able to apply through premium processing? 

 

The risk, as I see it, is that my current employer has a longer time to revoke the I-140 if the H1 transfer petition is filed through regular processing. I am in my sixth year of H1. Any thoughts? 

[rahul412]

I think its for both, H1 ext or H1 transfer both are not new H1 petition. So it should effect your H1 too.

[khandoba1986]

Could someone help me with answers here ?

[khandoba1986]

In my case my H1 transfer have reached the USCIS center on 20th May 2015, will they consider this for Premium processing as it made before 26th May 2015. 

 

Somewhere i read if the petition is file before 26th may and is pending till 26th may and is in premium processing then it will be converted to regular processing. Is that true ? or all the petitions which filed before 26th may but are pending will continue to go under premium processing. 

 

Please suggest .

[rcd321]

So is it better to travel with lca location change and no h1b amendment. Lawyer is saying to not work for 5-10 days after I reach there, until the h1b amendment is filed and there will be no issue at poe. Is this true?

[anynemous]

Hi,

 

Does this impact the premium processing of 6th year H1 extension based on approved I-140 ?

 

Please let me know on the same. Thanks..

[sid_red]

So, I've just gotten an e-mail from my future employer's HR today and they have informed me that their lawyer has gotten a clarification from USCIS stating that the H1B Premium Processing halt is ONLY applicable to H1B Extension of Stay petitions. Therefore, USCIS is accepting H1B Change of Employer petitions through premium processing. 

 

I have gotten in touch with the lawyer directly in order to verify this matter. I am waiting to hear back from him. Meanwhile, I thought I should post an update. Have anyone else heard the same thing? 

[Arora]

So, I've just gotten an e-mail from my future employer's HR today and they have informed me that their lawyer has gotten a clarification from USCIS stating that the H1B Premium Processing halt is ONLY applicable to H1B Extension of Stay petitions. Therefore, USCIS is accepting H1B Change of Employer petitions through premium processing. 

 

I have gotten in touch with the lawyer directly in order to verify this matter. I am waiting to hear back from him. Meanwhile, I thought I should post an update. Have anyone else heard the same thing? 

Hi Sid,

 

Can you please let me know once you get confirmation from your attorney as I am also in same boat. Appreciate your support in this. Thank you!!

[sid_red]

Hi Sid,

 

Can you please let me know once you get confirmation from your attorney as I am also in same boat. Appreciate your support in this. Thank you!!

 

I didn't hear back from the lawyer yet. Since its the memorial day weekend, I guess I'll hear back from him only on Tuesday. Will post an update once I do. 

[texas1010]

I didn't hear back from the lawyer yet. Since its the memorial day weekend, I guess I'll hear back from him only on Tuesday. Will post an update once I do. 

Here is the what i found on USCIS website. It says that premium is available for change of nonimmigrant status or consular notification or amendment.

 

On May 26, 2015, USCIS temporarily suspended premium processing for H-1B petitions filed requesting an extension of stay until July 27, 2015. Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay for an H-1B nonimmigrant will not be accepted during this time. This temporary suspension allows USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations. 

USCIS anticipates receiving an extremely high volume of Form I-765 applications once the final rule becomes effective on May 26, 2015, and needs to temporarily suspend premium processing to ensure that we can provide good customer service to both H-1B petitioners and H-4 applicants. USCIS will monitor our workloads closely and may resume accepting premium processing requests before July 27, 2015, if we determine that we can once again  provide customers with the level of service provided through premium processing.

USCIS will continue to premium process H-1B extension of stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

Premium processing remains available for other Form I-129 H-1B and H-1B1 petitions. This includes petitions subject to the H-1B cap and H-1B cap exempt petitions that are requesting a change of nonimmigrant status or consular notification. Premium processing also remains available for Form I-129 H-1B petitions filed on behalf of individuals who already have H-1B nonimmigrant status as long as the petition is requesting consular notification or an amendment of a previously approved petition that does not include a request for an extension of stay.

[Jasmine12]

I didn't hear back from the lawyer yet. Since its the memorial day weekend, I guess I'll hear back from him only on Tuesday. Will post an update once I do. 

Hi Sid,

 

I am in the same boat as yours. I will start talking to the Attorney of the future employer tomorrow and keep upi guys also posted.

 

In the meanwhile if you hear from your attorney please do keep us posted. 

[Arora]

Hi Sid,

 

I am in the same boat as yours. I will start talking to the Attorney of the future employer tomorrow and keep upi guys also posted.

 

In the meanwhile if you hear from your attorney please do keep us posted. 

Hi Jasmine,

 

Please let us know once you have the update. Thank you!

[sathish2009]

It looks like only premium processing for h1b extension is suspended and not all h1b categories are affected. Transfer of h1b to new employer , as long as the new employer doesn't request for extension but just an ammendment to use the existing h1, cap exempt h1b who doesn't require extension can be still done in PP. Hope this clears all of the doubts. Cheers !

[priyas@murthy]

Hi Sid / Jasmine,

 

   Please let us know if you have any updates.

 

Thanks

Priya

[texas1010]

I thought that H1B transfer is basically a petition for new H1B (since it is a new employer), How can we use amendment in a case of transfer?

[sathish2009]

Premium processing is available for all other form I129,H1B and H1B1 petitions.

 

This includes petitions subject to the H1B cap and H1B Cap Exempt petitions that are requesting a change of nonimmigrant status or consular notification.

 

Premium processing also remains available for Form I129 H1B petitions filed on behalf of Individuals who already have H1B nonimmigrant status as long as the petition is requesting consular notification or an amendment of a previously approved petition that does not include a request for an extension of stay.

 

Disclaimer: The above was the snippet of the message from USCIS website, just that we need to read it properly. hope this helps :)

[Sainadh]

Hello sid_red/Jasmine12,

 

Can you please let us know what your attorney says? I'm also in the same situation, I have valid H1 until 2017 and I just need to transfer H1 for change of employer. Will I be able to use premium processing?

 

Your inputs are greatly appreciated.

Thanks!

[Sainadh]

I just called USCIS and confirmed with 2 officers that we can use H1 transfer premium processing option as long as you don't request for extension of stay. I have appointment with attorney today afternoon, will keep you posted if I learn anything new.

[Jasmine12]

I had though that few days posts 05/26, i would have a better clarity on this, but that does not seem to be the case.

 

I have two offers in hand ( I am deciding which one to join, but that's another story). Issue is that attorney of one of my future employers say that premium processing is available now for H1B transfer and according to him the premium processing suspension applies only to extensions and not ti H1B transfer.

 

On the other hand, the attorney of my second employer from whom i have the offer, is telling me that H1B transfer in premium processing can not be done till July 26. 

 

I am not really sure what is correct now. If anyone as any further inputs on this matter, please do share here.

 

The post above frpm Sainadh seems helpful.

Jasmine

[h1btransferseeker]

I am on the same boat.

 

The attorney for my potential new employer is saying they couldnt do premium processing because of this suspension.

Now the potential employer is really pressuring me into giving my notice to my current employer and just simply trust that everything will go well. They want me to join as soon as possible.

 

I am not happy about the fact that I will have to wait four months in limbo.

 

It is a risk Im not sure I want to take so I am afraid Im gonna have to turn it down.

 

What do you guys think?

[h1bmanu75]

Hi Guys Do you have any update what comes under premium and what not. I have my I94 valid till 2017. If my new employer files COE and request validity only till 2017 ( as per my I94) do you think it will come under extension or can it go through premium processing?

 

Please advice.

[rahul412]

I am on the same boat.

 

The attorney for my potential new employer is saying they couldnt do premium processing because of this suspension.

Now the potential employer is really pressuring me into giving my notice to my current employer and just simply trust that everything will go well. They want me to join as soon as possible.

 

I am not happy about the fact that I will have to wait four months in limbo.

 

It is a risk Im not sure I want to take so I am afraid Im gonna have to turn it down.

 

What do you guys think?

I think you have to take risk now.

[Jasmine12]

I just called USCIS and confirmed with 2 officers that we can use H1 transfer premium processing option as long as you don't request for extension of stay. I have appointment with attorney today afternoon, will keep you posted if I learn anything new.

Hi Sainadh, Any update from your attorney on this?