Uscis To Resume Premium Processing In Phases For Forms I
At a glance
- USCIS plans to resume its premium processing service for I-129 and I-140 petitions in four phases over the next month.
- Starting June 1, the agency will begin accepting premium processing requests for all eligible I-140 petitions.
- Premium processing for H-1B cap-subject petitions will not begin until the last phase of the timeline, which is expected to start on June 22.
- Phase-in dates are subject to change as the agency resumes premium service.
Premium Processing To Resume In Phases
According to the announcement, the USCIS plans to start accepting I-907 requests for premium processing in phases. The timelines for these phases are June 1, June 8, June 15, and June 22. The agency, however, stated that these dates are subject to change. If you are planning to use premium processing for your visa application, you can submit your I-907 by following the timeline below:
Can I Work From India On H1b And Get Us Salary
Working from India on US payroll is not allowed unless you have some US work visas like H1B or L1 and for a short duration of 1 to 5 months. Many people who exhaust their H1B 6-year quota leave the USA. They wait outside the USA for their H1B extension result and work remotely as an IT worker from their country.
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H1b Premium Processing Resumes For Fy 2019 Petitions News Summary
Below is short summary of the announced news from USCIS on the premium processing of H1B petitions.
- H1B Premium Processing Resumed : Premium Processing is resumed on Jan 28th, 2019 for all H1B Visa 2019 Cap subject petitions that are in pending state from H1B Lottery from April 2018.. H1B Premium processing is resumed for both Regular and Masters Quota Petitions filed under FY 2019 cap quota.
- H1B RFE & Premium Processing : If any of the FY 2019 H1B cap petitions received RFE , then employers planning to expedite their petition to Premium processing, need to submit the RFE response along with the premium processing request.
- Premium Processing Fee Refunds : USCIS will refund the premium processing fee, if they do not adjudicate the petition within 15 days. Lets say, they miss 15 day deadline, they will refund of fee, but will still continue to process the petition in expedited manner. Refund does not mean, it goes back to regular processing. It is just refund for not meeting the premium processing SLA.
- Premium Processing Suspended for Other Categories : The premium processing suspension is only open for H1B 2019 cap subject petitions, but still in suspended state for other categories as per original press release until Feb 19, 2019. Below are the categories for which Premium Processing is still suspended.
- H1B Visa Extensions with changes
- H1B Visa Transfer Petitions
Can I Do A Phd On H1b
Its quite impossible to purse Phd while on H1B even though you are interested to do part time because you cannot do justice to both of them at once. You will not be admitted for PhD program in any well known university based on H1B visa. You will be admitted as a foreign student for which you need F1 visa.
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H1b Transfer After Entering Us In 15 Days Or Less
This shouldnt usually happen but it does sometimes. So you land in the USA with your H1B, ready to delve into that American dream. However, you soon realized that the employer is shoddy or the terms of employment are different from what has been communicated to you or whatever.
Are You Cap-exempt?
Of course, you are. You just came in on a valid H1B visa. So no worries on that front.
Can You Prove Your Status in the USA?
Since the pay stubs usually get generated every 15 days or more, you wouldnt have them. So you would need to provide the following:
- Copy of Stamp on passport
- I-94 copy
- There would be no lottery process. You are cap-exempt.
- It can be started any time of the year.
- You dont need a new stamping unless the old one is expired and you leave the USA or you are already outside the US.
Now, these are the major differences. But apart from that, the process is more or less the same.
How Do I Maintain My H1b Status
MAINTAINING YOUR H-1B STATUS: To maintain your H-1B status, the scholar must: Maintain a valid passport during his/her stay in the U.S. Notify the USCIS of any change of address within 10 days of moving. Not remain in the U.S. past the expiration date of his/her last I-94 Form.
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From June 22 Uscis Plans On Resuming Premium Processing For All Other Form I
This should mean that eventually by 22 June 2020, unless there are any other delays, it will be back to normal. You can apply for premium processing for all the usual petitions at the same time as filing the petition, or if you have submitted a previous petition without premium processing you can add this now. You should be able to do the following:
- All H1B petitions including those for fiscal year 2021 are eligible for premium processing. This will include those that are subject to the cap or are cap exempt.
- All H-1B cap-subject petitions , including change of status from F-1 non-immigrant status, for both premium processing upgrades and concurrently filed I-907s.
- All other Form I-129 petitions for non-immigrant classifications eligible for premium processing and requesting premium processing by filing an I-907 concurrently with their I-129. This means that you can file all non-immigrant visa petitions requesting premium processing at the same time as filing.
USCIS has also stated that the premium processing dates mentioned above are subject to change. If you had already filed Form I-129 or Form I-140 using the premium processing service before the March 20 suspension, and there has been no action and a refund you may submit a Form I-907 based on the above timeline.
What Exactly Is H1b Transfer
When an employee with an H1B visa changes his/her employer, he/she needs to file Change of employer. This is popularly referred as a H1B transfer.
An H1B transfer is technically different from an H1B extension, although you will usually get an extension when you get a transfer. The big difference is that with the transfer, you are changing your employer.
When you are doing an H1B transfer, you dont need to
- go through the H1B lottery again since you are already counted in the H1B quota.
- register your H1B.
It makes use of the I-129 form to do this, which is filed with USCIS when you file an H1B transfer petition.
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Premium Processing To Resume For All H
At a glance
- Beginning Tuesday, March 12, 2019, employers can request premium processing service for all H-1B petitions, USCIS has announced.
- The announcement suggests that premium processing will be available for the FY 2020 , though USCIS could announce a separate suspension at a later date.
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Provide H1b Transfer Documents To New Employer
Many employers ask for some or all the required documents to prove your status and validity even before providing the offer letter. This is to ensure that the candidate is not out of status in the United States before sending an offer letter.
I had provided most of the required documents before my employer sent me the offer letter. I will cover the complete list of documents below in another section.
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Uscis Announces Temporary Suspension Of Premium Processing For Fy2021 Cap
U.S. Citizenship and Immigration Services today announced the temporary suspension of premium processing service for fiscal year 2021 cap-subject H-1B petitions.
Petitioners filing FY 2021 cap-subject H-1B petitions will not be able to request premium processing when USCIS begins accepting cap-subject petitions on April 1. Until premium processing resumes for FY 2021 cap-subject H-1B petitions, USCIS will reject any Form I-907 concurrently filed with a cap-subject H-1B Form I-129.
As USCIS has done in the past, premium processing will resume in a two-phased approach during the FY 2021 cap season so that USCIS can best manage premium processing requests. The first phase will include FY 2021 cap-subject H-1B petitions, including those eligible for the advanced degree exemption, requesting a change of status from F-1 nonimmigrant status. The second phase will include all other FY 2021 cap-subject petitions.
This temporary suspension is similar to last years suspension and will help us to reduce overall H-1B processing times.
The earliest date that USCIS will resume premium processing for all other FY 2021 cap-subject H-1B petitions is June 29, 2020.
Petitioners filing FY 2021 H-1B cap-subject petitions will be eligible to upgrade to premium processing by filing Form I-907 once premium processing resumes, as applicable. USCIS will notify the public with a confirmed date for resuming premium processing for FY 2021 H-1B cap-subject petitions.
When Can You Do H1b Visa Transfer
You can do the H1B Visa transfer in the following situations. The transfer process will be different depending on whether you are in the USA or outside and whether you have worked in the USA. And the requirements will vary as well.
For USCIS, it all boils down to two things: cap-exempt situation and status.
I fell into the first category which is probably the most common one.
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What This Means For H
Premium processing is a unique immigration service that immensely benefits both eligible employers and employees in that it helps you avoid visa processing delays. With the plans to resume the service, employers can now use the I-907 to expedite their I-140 or I-129 petitions and receive a decision within 15 days. As everyone earnestly waits for the economy to recover from the downturn caused by the coronavirus pandemic, knowing you have the needed workforce within a short timeframe will be a huge relief to U.S. employers who make use of the H-1B program.
What This Means For Employers And Foreign Nationals
Employers will not be able to premium process H-1B cap petitions in the beginning of the filing period, but will have the opportunity to do so or upgrade at a later time. Employers should identify change of status cases that may qualify for premium processing in the first phase of implementation.
Fragomen is closely monitoring FY 2021 H-1B cap policies and procedures, and will issue updates as soon as USCIS announces the premium processing implementation dates.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
We have dedicated extensive resources to monitoring immigration regulatory developments and policy changes as they evolve worldwide.
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H1b Premium Processing Suspended For H1b Fy 2021 Transfers Extensions
As most of you know H1B Visa Registration Process & Lottery for fiscal year 2021 started on March 1st and ended on March 20th. The New Online H1B Registration Tool was used by employers to submit H1B registrations. As like in previous years, they have given guidance on the premium processing for the H1B Visa FY 2021 season. Also, with COVID-19 situation, they have given guidance on processing of other categories such as H1B transfers, extensions, amendments, etc. We will look at all of these and continue to update this article as new updates come in.
If you are newto the process, you should read H1BProcessing Time Regular vs Premium to understand the difference betweenboth. Also, if you are not sure about quotas and cap, read Whatis H1B Cap? Regular vs. Masters Quota Cap
Below are the various updates by USCIS related to H1B FY 2021 premium processing, H1B Transfers, extensions, amendments.
How Our Immigration Lawyers Can Help
Here at Immi-USA, helping petitioners request premium processing for various categories of work visas is one of our specialties. We have highly experienced immigration attorneys that can help you file your I-907 request either concurrently with your work visa petition or filed afterward.
Employers and beneficiaries can work with our dedicated professionals to help them determine whether or not their cases qualify for premium processing based on the above phases and prepare their applications accordingly. Immigrant and nonimmigrant beneficiaries and employers can work with us to get your visa processed in a timely fashion. You can schedule an appointment with one of our lawyers today by filling out this free consultation form.
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H1b Transfer Fees & Who Pays It
The cost of H1B transfer varies depending on the size of the company and the attorney fees.
But its always the employer that pays for H1B transfer. Never you. If your employer asks you to pay for a transfer, its a big red flag. Run.
The only exception is the optional premium filing fees that many employers wouldnt pay themselves.
The H1B transfer fees can vary from $1700 to $7900, excluding the attorney fees.
| H1B Transfer Fees |
| You get an RFE. Or not. |
H1b Stamping After Transferring H1b: Yes Or No
I have known so many people who kept on getting H1B transfers for years and never left the USA for stamping. So as long as you are in the United States and have the valid I797 petition approvals, you are good.
I didnt go for stamping after getting transfer.
The issue with this approach is that if you need to leave all of a sudden for some emergency. Then you cant come back without stamping H1B visa on your passport. So you need to factor in the time for the appointment and a possible interview at a US consulate.
Thats the reason, if you can, try to leave the USA and go to Mexico or Canada or some other country nearby and see if you can get the visa stamped.
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Uscis Reasons For Extension And Expansion Of H1b Premium Processing Suspension
The USCIS provided three reasons for its suspension of H1B premium processing.
First, the USCIS stated that the suspension will allow it to process long-pending petitions. Second, the USCIS stated that it will allow it to e responsive to petitions with time-sensitive start dates Third and finally, the USCIS stated that it will use the suspension period to rioritize adjudication of H-1B extension of status cases that are nearing the 240-day mark.
We discuss the 240-day rule and employment authorization for certain H1B nonimmigrants with pending extension of stay applications in a separate article .
Schedule For Bringing Back Uscis Premium Processing Confusing
If you have a pending application and currently have been unable to use premium processing then as long as you are able to apply at the relevant date below you can add premium processing to an existing application. Please note that the situation is quite confusing. On certain dates below you can only add premium processing to applications that have been previously submitted. You cannot in all situations both submit a new petition and include premium processing at the same time! The timeline below is also dependent on the type of visa category. Even more confusing is that for say H1B visa cap exempt applicants, they can apply earlier than non-cap exempt applicants.
The relevant dates are as follows:
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Uscis Resumes H1b Premium Processing For Physicians:
Starting June 26, eligible petitioners for medical doctors seeking H-1B can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Non-immigrant Worker. Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition. The Conrad 30 program allows certain medical doctors to stay in the United States on temporary visas after completing their medical training to work in rural and urban areas that have a shortage of physicians.
Know the Difference between Regular Petition Filing and Premium Petition Filing?
Regular Processing in H1B Visa Filing If an employer filed H1B petition with U.S.C.I.S by standard process and does not include extra fee to have the petition decision to be faster, then that petition is treated to be filed under regular processing.
Premium Processing in H1B Visa Filing If an employer pays extra premium processing fee to USCIS to have the H1B petition adjudication to be processed within 15 calendar days, then that petition is treated to be filed under premium processing. H1B premium processing is a way to expedite processing your application. It costs additional $1,225 and the turnaround time is 15 calendar days. The goal of premium processing is that USCIS will have a decision of your case within 15 days.
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Until then, premium processing remains temporarily suspended for all other H-1B petitions.
Case : If You Have Worked In The Usa Before
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