H1B Transfer Timelines due to H4 to EAD

[sacrosanct]

Hi All,

 

I am joining a new company and my H-1B Change of Employment petition has been filed under premium processing this week.

 

I have also read that USCIS is not processing under premium for H-1B extension of stay until July 26th 2015,  but told all other H-1B petitions are eligible for Premium Processing.

 

Is my H-1B petition where I am changing employer be eligible for Premium Processing.

 

Thanks!!

[h1bmanu75]

Hi 

 

I was wondering if you got any answer to the post you mentioned?

 

I am in same dilemma and no one knows what is a correct practice.

 

Thanks

Manu

[sacrosanct]

Hi Manu,

 

I heard from my attorney on this:

 

'If you are not requesting extension of stay in your petition then it will be eligible for Premium Processing'.

 

Eg:

 

If your H-1B is ending say in October 2016 and your 6 years are done in 2018.

 

Now if your new employer is requesting H-1B be granted until October 2016, then its eligible for premium processing.

 

However if the new employer is asking for H1B be granted for anything beyond your current expiry of H-1B then its considered as extension of stay and will not be premium processed.

 

I hope this helps.