Wednesday, March 13, 2019

USCIS ALLOWS PREMIUM PROCESSING FOR ALL H-1B PETITIONS

Effective Tuesday March 12, 2019, USCIS will again allow premium processing on all H-1B petitions.  While this is welcome news, the window of upgrading H-1B petitions to the Premium Processing Service may be short.  In 2018, USCIS suspended premium processing on H-1B transfers and amendments effective September 11, 2018. 
 
The only exceptions to the September 2018 USCIS premium processing suspension were for H-1B extensions (i) with the same employer or (ii) H-1Bs for cap-exempt institutions, such as Universities or research organizations. 
 
Accordingly, if you have a pending H-1B petition, you may only have a few months to upgrade to premium processing.  It is impossible to say what USCIS will do because the USCIS often makes these announcements with very little warning.  Conceivably, the USCIS may not even wait until September to suspend premium processing on H-1B transfers and amendments.
 
Although no announcement has been made, it is expected that USCIS will not allow April 1, 2019 cap-subject H-1B petitions to take advantage of premium processing.

9 comments:

  1. Good day, I just want to ask regarding my case. I was petition under an agency filed last feb 22 for I140 EB3 under premium processing. But, i didnt receive any decisions until today. Its been approximately 19 days. Do you think any reasons for the delay of decisions? is there a possibility my application is denied or RFE?

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    1. You would have to check with your attorney. Even if the attorney sent it in on Feb 22, the 15 day clock often does not start for one week. The USCIS needs to receive the package and log it into their system.

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    1. Daisy, Im Daisee. Here is the email of atty Christopher
      c.musillo@muimmigration.com;

      Delete
  3. This comment has been removed by the author.

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    1. Please email Chris. His email is on the right hand side.

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    3. Daisy, Im Daisee. Here is the email of atty Christopher
      c.musillo@muimmigration.com;

      Delete
    4. Daisy, Im Daisee. Here is the email of atty Christopher
      c.musillo@muimmigration.com;

      Delete