When can H1B premium Visa be filed?

Question

Hi,

H1B for premium processing has tobe filed when H1B visas are filed and is the cap applicable as well? Or for premium processing it H1b can be filed anytime during the year ?

 

Thanks

Answer 1

No. Premium proceesing can only be applied when cap is availble. Goal of PP are-

1- if case is pending since long in uscis e.g initial review, RFE etc. It will be treated as upgrade from regular to PP. Sometime new cases are filled in PP only to get approval in 15 days.

2- PP is the only way to expedite the process in 15 days.