H1B Premium Processing Suspended
H1B premium processing OPEN for all Transfer, Amendment, extension applications at Vermont, California, Nebraska service centers. Open for 2019 Cap petitions.
Update Mar 11 – H1B Premium Processing Open for ALL
USCIS has opened H1B premium processing for all H1B applications (Amendment, Transfer, Extension and COS) starting 12 March 2019.
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Earlier on Feb 15, USCIS has opened premium processing for applications filed on or before Dec 21, 2018.
Also, on Jan 25, 2019, H1B premium processing was resumed or 2019 Cap Petitions by USCIS. Cap petitions means the NEW H1B applications that were selected in April 2018 Lottery
Source: USCIS
H1B Premium Processing Suspended – Filed After Dec 21, 2018
H1B | Extension | Transfer | Amendment |
---|---|---|---|
California | Suspended. Exception – Cap-exempt Employer | Suspended. Exception – Cap-exempt Employer | Suspended. Exception – Cap-exempt Employer |
Nebraska | Suspended. Exception – No CHANGE H1B application | Suspended | Suspended |
Vermont | Suspended | Suspended | Suspended |
All H1B applications including transfer, extension and amendment are affected by this suspension at Vermont and California Service centers due to very high processing time for regular H1B petitions.
At this time, California service center has the highest delay in adjudicating H1B applications, followed by Vermont and Nebraska.
H1B Extension Premium – ‘NO change’ Application meaning?
No change in the H1B application means no change in employer, job title, work location, job duties, SOC code should exactly be the same as on your existing H1B application.
H1B extensions filed ONLY at Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) are still eligible for premium processing.
Recent Examples:
- H1B ‘No change’ extension approved in Premium even after RFE in premium.
- H1B extension with change in address and department of client was approved in Premium at Nebraska.
- Change in Salary is NOT counted as a change for H1B extension.
H1B transfer and amendments are banned from using premium processing.
H1B premium processing suspended by USCIS
File H1B Premium Application at New Transferred Center?
You can apply for H1B premium processing upgrade, if eligible at the new transfer service center.
H4 to H1B Change of Status (COS) premium processing?
Yes, Change of status to H1B applications are also affected by this premium processing suspension.
More questions about H1B premium processing suspension have been answered here.
H1B Premium Processing Ban – Problems for H1B
- Driving License Renewals
Most states do not allow driving license renewal without an approved H1B petition. Trump administration has probably NOT even thought of it before making this decision! - H1B Transfer to new Employer – start work based on receipt
It is very risky, if your i94 has expired, to join and start working for H1B transfer employer simply on the basis of receipt.
Without premium processing, many H1b worker would have to wait quite long for the transfer approval and it will cause issues for Employers as well.
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