Does H1B Premium Processing on hold?

[kuldip123]

Hi,

 

I have been told that H1B premium processing for H1B transfer/renewal is put on hold for 2 month or something due to expecting heavy traffic for H4 EAD aplication.

 

Is it correct?

 

If yes, could you please share the link where I can get the information?

 

Appreciate your help.

 

Thank you.

[mrav85]

Here is the link:

http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions

[MakeAmericaGreatAgain_2017]

http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions

[sadhiq.mohammad]

I came across notification for temporary suspension of Premium Processing extension.
http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions 

I would like to confirm if this suspension also applies for H1B transfer case. I am planning to transfer my H1 to a new employer on a premium basis. Could you please let me know if this applies to H1B tranfer as well, as i see the heading for extension only as "USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions"  

Thanks for your help in advance.

[MakeAmericaGreatAgain_2017]

I came across notification for temporary suspension of Premium Processing extension.

http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions 

I would like to confirm if this suspension also applies for H1B transfer case. I am planning to transfer my H1 to a new employer on a premium basis. Could you please let me know if this applies to H1B tranfer as well, as i see the heading for extension only as "USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions"  

Thanks for your help in advance.

 

Please check with the lawyer - but I guess, if the initial period of 3 yrs h1b is passed the extension is called as "extension of stay" if not 6 yrs.

[nthaccker]

How about people who apply for H1B extensions (7th year) based on approved I-140 and are currenlty on some other status (F1, B1 etc )  ?

 

Becuase for them, they can't start work until they have an approved H1B   (can't work on EAC no.)

 

Will this rule apply to those people too ?  

 

If so then it's so unfair for them --- as no employer will put a regualr procesing wait for 6 months for decsion to come and ask you to start work

 

This is so messed up

 

So any idea if this rule applies to H1B - 7th year extension people ?

 

Thanks

Nishant

[rammstein]

All extensions of H1b are on hold for premium processing, you can start work on H1b even if the case is pending, it does not have to be approved. One possible way of filing an extension with premium processing is through a H1b extension with amendment, which means that you will have to use a job role and with changed duties and responsibilities. You have to be very careful with this option if you already have an approved perm/I140.

[Arora]

Hi Nishant,

I think your case will fall under 'change in immigrant status' and USCIS has updated their site that this category will be eligible for premium processing.

How about people who apply for H1B extensions (7th year) based on approved I-140 and are currenlty on some other status (F1, B1 etc ) ?

Becuase for them, they can't start work until they have an approved H1B (can't work on EAC no.)

Will this rule apply to those people too ?

If so then it's so unfair for them --- as no employer will put a regualr procesing wait for 6 months for decsion to come and ask you to start work

This is so messed up

So any idea if this rule applies to H1B - 7th year extension people ?

Thanks

Nishant

[nthaccker]

Hello everyone,

Thanks all and especially Arora for your update (otherwise I would have never re-checked). Yes my case falls under 'change in immigrant' status type (F1 to H1) so can do premium now.

Ok now since I am on F1 and asking a change of status (F1 to H1) based on approved I140 ; per rule I have to wait for the h1being approved.

Is USCIS a stickler for this rule (can't work till H1) approved. What if I get a query & it drags a bit ?

I have 3 weeks from client to get LCA + h1B approval before I join.

What are experiences ? Any suggestions .

Thanks

Nishant

[nthaccker]

Hi Arora & everyone,

 

I just spoke to my lawyer and he is maintaining that premium processing is not available in change of status cases like mine. He is going by the exact verbiage & saying only petitions subject to CAP are available for premium  & not non-cap petitions (as is the case with mine).

 

The USCIS notification says:

" Premium processing remains available for all other Form I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification.

 

Guys anyone any inputs please

 

thanks

Nishant

[kuldip123]

Thank you all for inputs.

[sreerekha]

My H1 B got approved on 2014 and havent worked or wasn't  on H1B  yet. I am on H4 now. I need to transfer my h1 from company A to company B  with change of status from h4 to h1. Can I apply my H1 Transfer in premium processing. Will the premium processing suspend news affects my H1 transfer? Somebody please reply to my query..

[rahul412]

My H1 B got approved on 2014 and havent worked or wasn't  on H1B  yet. I am on H4 now. I need to transfer my h1 from company A to company B  with change of status from h4 to h1. Can I apply my H1 Transfer in premium processing. Will the premium processing suspend news affects my H1 transfer? Somebody please reply to my query..

You can go for H1 transfer but for now premium processing has been stopped.

[Jasmine12]

http://forum.murthy.com/index.php?/topic/89537-uscis-temporarily-suspends-premium-processing-for-extension-of-stay-h-1b-petitions/

 

Check the last post from "Sainadh". He confirmed from USCIS that PP is available for H1B transfers

[sreerekha]

@rahul thanks for the reply

[sreerekha]

@jasmin thanks for the link..

[sekhar121212]

Hi,

I have a similar question on the premium process.

I am planning to apply for a H1b in cap exempt quota in premium process. Do they suspend the premium process for cap exempt petitions as well?

 

Appreciate your help,

Regards

Chandra

[h1b_kumar]

Hi All,

 

My H1-B transfer petition (premium processing) to new employer was applied on 25th June 2015 and it got approved on 8th July 2015. I had a stamped h1b visa but never traveled to USA now I have transferred to new employer and will be travelling on the new petition. 

 

Regards,

Kumar

[Howareyou]

Congrats h1b_kumar!!

 

Can you please share like.. if it was only H1b transfer and without extension?

Also, your new compnay is a direct client or employer-client or Employer-vendor-client?

[h1b_kumar]

Congrats h1b_kumar!!

 

Can you please share like.. if it was only H1b transfer and without extension?

Also, your new compnay is a direct client or employer-client or Employer-vendor-client?

Thank You! 

 

It was transfer with extension (earlier expiration was aug 2017, new expiration is aug 2018) and its Employer --> Client relationship. 

 

Also could anyone let me know is stamping required again as the new expiration date is a year more (aug 2018) than the earlier stamped date (aug 2017).

 

Regards,

Yashwanth