News:H1B Premium Processing Suspended 6 mon – All Petitions, 2018

In H1B Visa News by Kumar113 Comments

Usually USCIS releases a press note indicating the acceptance of H1B Visa Applications with premium processing info, for the next fiscal year around the March time frame ( last year it was released on March 16th for FY 2017 ). Anyways, for this year, which is FY 2018, it is slightly different…they have released a press note explicitly giving guidance on Premium Processing for FY 2018 and other H1B petitions filed after April 3, 2017. Below is the summary as it impacts every H1B applicant either new or transfer.

If you are new to H1B, you may want to What is USCIS Regular vs Premium processing H1Bs

USCIS News Summary : Temporary Suspension of Premium Processing All H1B Petitions

  • Suspension of Premium Processing : Starting from April 3rd, 2017 ( which is the start date for H1B Visa FY 2018 season), USCIS is temporarily suspending premium processing for all H1B visa applications up to 6 Months. USCIS will indicate to everyone, when they will resume accepting premium processing applications.
  • Who all does this suspension impact : It impacts everyone who would like to file for H1B petition after April 3rd, 2017. To be more precise, below are the various types of applicants.
    • All new H1B Applicants filing for the first time and subject to H1B Cap
    • Masters Degree Cap Holders, OPT F1 visa Holders filing H1B for first time
    • H1B Transfer applicants, who are not subject to annual H1B cap
    • All the cap exempt petitions that are filed by non-profit orgs, education institutions, etc.
  • What Happens if you file Premium Processing ?
    • After April 3, 2017 : USCIS has indicated that they will reject any H1B Petition that includes form I-907 for H1B Premium processing that are filed after April 3rd, 2017 for FY 2018 quota. It does not matter, if the employer has filed separate checks or combined check.
    • Before April 3, 2017: If you have filed for H1B Premium processing before April 3rd, 2017 typically a H1B Transfer petition, USCIS will refund your premium processing fee, if they cannot adjudicate your case within 15 calendar days.
  • What all visas applications premium processing is impact ?
    • This premium processing suspension applies only to H1B petitions that are filed using I-129 form. In fact, I-129 form is used to file for L1, E3, O1, etc. visa applications and it does not impact those other visa applications.
  • Any Options for Expedited Processing for H1Bs?
    • While the H1B premium processing is suspended, you can request for expedited processing, if you fall under the Expedite criteria by USCIS, which includes situations like : Severe loss to the company or person, Emergency situation, humanitarian reasons, etc. Check Full Expedite Criteria on USCIS.gov . You will need to submit relevent documentation supporting your emergency situation, if you need expedited processing.
  • Why USCIS has suspended Premium processing :
    • USCIS says that it will help them reduce overall processing times for H1B by temporarily suspending premium processing. It will help them address the cases pending for over 240 days mark, also address the high volume of incoming requests for H1B amendments, etc.

That’s the summary of press release from USCIS folks.
What’s the reality of H1B Applications Processing with USCIS  ?
USCIS has a ton of backlog as they indicated, some are open for over 240 days…Also, below is the data from their system ( which may not be fully up to date, but gives some idea).  You can check out H1B Visa Tracker as well to get an idea of pending applications . USCIS Processing times H1B petitions 2017With these  long delays, the premium processing has been used heavily, as you get the case adjudicated within 15 calendar days. This is not doing justice to the petitions that are filed in regular processing. Also, one of the reasons for the heavy influx in the H1B applications with the change in rule that employer have to file LCA and H1B amendment with USCIS, if there is a change in work location.  USCIS does not have enough man power to support these large volume of premium processing times to meet the 15 calendar day deadline. With all these, USCIS want to be fair to everyone, so they have made this decision…

What do you think ?  Speculation – Do you think it has something to do with New Trump administration 😉  ? Your thoughts ?

Reference : USCIS.gov News Release – Premium Processing Suspended 

Related Articles


Comments ( 113 )

  1. Sanjay

    My H1B and H4 Extension got Approved for 3 years without Client letter.

    Processing Type: PP
    Receipt Date: 31-March-2017
    Approval Date: 7-April-2017

    Note: Client letter is not mandatory. Only vendor is suffice.

    Good Luck all!

  2. Shaswat Talati

    I got RFE today for my H1B Transfer under premium processing. Now, Will my case still be processed under premium processing ?

    1. Waiting

      I also got RFE on 12th April. Once USCIS receive the response, the clock will reset and they process RFE within 15 calander days.
      My H1B transfer is filed on 30th March under PP.
      Keeping my fingers crossed, got 8 years exp. and $90k from new employer.

  3. Ceci

    Hi! Not sure if the right forum, but did anyone that mailed their new H1B petition to USCIS under PP last week get a receipt number yet? Thanks!

    1. administrator
      Saurabh

      Ceci,

      I read an article earlier than USCIS has informed AILA about delay in issuing email receipts for the PP petitions. Maybe they are backlogged due to huge number of petitions filed in PP before the cut-off date.

        1. IBM_AMENDMENT_PP

          Hi Ceci,

          Did you get the receipt Number for the PP amendment ? My PP amendment was filed on 31st March & still did not receive any receipt number.

  4. Anand

    Hi,
    Looks like, my petition status is upgraded to premium on April 3rd, will it have any impact on my case??

    Request For Premium Processing Services Was Received
    On April 3, 2017, we received your request for premium-processing of your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number *******, and mailed you a receipt notice. Your premium-processing receipt notice contains contact information for direct inquiries on your case. Please follow the instructions in the notice. If you move, contact the premium-processing unit directly to update your address.

    1. administrator
      Saurabh

      Anand,

      What’s the delivery date for this PP upgrade? Maybe it was delivered on Sat but processed on Monday April 3.

      1. joy

        Hi Saurabh,

        My company has filed my H1B amendment case (Location & Client change) on 31st March,Friday under PP. There is no change in the status till now against the receipt number I had last year which got approved in Nov,2016.Can you please tell me whether there may be a new Receipt Number for the amendment or the status can be check against receipt number of previous year.As the status is not changed yet for my previous year receipt number,do you think the amendment receipt may take some time even though the same was filed as PP.

        Thanks Joy..

        1. administrator
          Saurabh

          Joy,

          There would be a new receipt number issued for the amendment/extension petition. If USCIS received it before April 3rd, then they should honor the PP. The attorney should receive the confirmation via email if it gets accepted under PP.

          1. Joy

            Hi Saurabh,

            Thanks for the reply.I am bit confused over the new immigration clause of Computer Programmer.I believe there are two things in LCA,one is called Specialty Occupation Title & Job Title. Is the new change refers Programmer as SOC title of Job title.My Employer has filed the LCA amendment(Client Change,Location change) in PP on 31st March with Job Title as SAP Architect(having 10 years of Experience on the same) but SOC Title is Computer Programmer.I am currently in India as I have never travelled to US before,is there a chance that my LCA amendment may also get into difficulties.

            Thanks ,
            Joy

          2. administrator
            Saurabh

            Joy,

            What’s your SOC code in the LCA? There is not a blanket ban on the SOC code and the memo only puts additional burden on entry level computer programmers.

            Given upon your experience, you should be fine.

          3. Joy

            Hi Saurabh,

            LCA Code is mentioned as 15-1131 which is for Computer Programmer but my Wage Level is mentioned as 2 & the salary is around 75K per year.Job Title is SAP Architect with MS Equivalent Degree from India & have 10 years of experience in the same .

            Thanks,
            Joy

          4. administrator
            Saurabh

            Joy,

            Even though the SOC code is same, your wage level is 2 and you have good work experience. Should be fine, but your attorney will be in a better position to look more closely.

  5. Monika08

    I am working with Indian Company with US Client on H1B. I have got an offer from a Reputed Company (non-dependent). They initiated my VISA Transfer in PP. I have got RFE on the case. Attorney and Company are working on RFE Response.
    But they have asked me to join on Receipt, which I am finding risky.

    1. If they will respond before Apr 3’2017. It will be considered in premium and what is the SLA for RFE?

    2. If they will respond after Apr 3’2017. Will it still be considered in premium ?and what will be the SLA in that case?

    3. What are option I will have, If I will join the company and get the denial on Transfer? Will I be asked to travel back to India immediately?

    Please help.

    1. administrator
      Saurabh

      Monika08,

      1. As it has already been applied in PP, Apr 3 date doesn’t impact you. USCIS will still process it in 15 calendar days once the response is received.
      2. Yes, still PP
      3. If your petition is denied, you will have to move to another employer or may decide to join the old employer (if they are willing to hire you back). Also, you now get 60 days grace period on H-1B. So you can use that to find alternate jobs.

  6. TJ

    Premium processing ban includes H1b amendment as well ..I am just waiting for the amendment to be filed and I am Based out india

  7. EX_TENSION

    Hi

    my current h1b visa is expiring on sep 30th 2017.
    can i file h1b extension on 31st march 2017 with overnight delivery so that it reaches uscis by 1st or 2nd april and can be considered in premium processing??

    i read that you need to wait for at least 6 months before applying h1b extension so as per that logic this period ends on 30th march 2017. am i right??

    also, is there a minimum wait time to apply for LCA ??

    someone mentioned 6 months then as per that logic i cant apply h1b extension on 31st march.

    PLEASE PLEASE HELP

  8. CGK

    Hello,

    My husband is a physician on a J1 Exchange visitor visa and his 7 years come to an end on June 23rd. He already has a contract to start on July 1st, 2017 for a J1 waiver, which was approved on Nov 2016. However, his case is being held at the Dept of State, ending recommendation to USCIS and I am concerned it will not be ready before April 3rd for premium processing so he can start on time. I know the senators from Minnesota, North Dakota and Maine have requested an exemption for physicians in regards to the premium processing. Do you know if physicians are automatically exempt? There is no wording in USCIS about this. Thanks!

  9. Piyush

    My H1-B is getting expired in September 09, 2017 and I am planning to travel to India in month of November 2017. My company is planning to apply for H1-B extension. Will the premium processing suspension affect H1-B extension too?

    What if I file under premium before April 3rd and my case gets RFE after April 3rd? Will they still consider the RFE response under premium or will move the case under normal processing? Your inputs are greatly appreciated. Thanks

  10. PoorWaitingGuy

    Latest USCIS posting:

    https://www.uscis.gov/news/news-releases/uscis-will-accept-h-1b-petitions-fiscal-year-2018-beginning-april-3

    The latest message posted, and “All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected” — Means all the current FY-2017 pending (Received, RFE cases ) cases will be summarily rejected? Could you clarify please? Thanks

  11. TD

    Hi,
    H4 to H1 Transfer while premium processing suspended – Details are below

    Attended the H1 Interview on Feb-2016 and got 221(g) and still it is pending. After that I had attended the h4 interview and I got it (spouse is having h1 visa). Now I am in US on h4, I am planning to transfer from h4 to h1 if I get job.

    1. How much time (total time to process) it will take transfer from H4 to H1?
    2. When can I start work? Can I start work with “receipt no” while in process (like H1)?
    3. What are all the stages in H4 to H1 transfer?

    Thank you

    1. administrator
      Saurabh

      TD,

      1. You will have to follow the processing time on USCIS site for your processing center. Seeing that new H-1 season is about to begin, I suspect that this could take several months.

      2. You cannot work on the basis of receipt number as your current status is H-4. You will have to wait for actual COS approval before starting to work on H-1.

      3. What do you mean by stages? Employer files and certifies LCA, then files I-129 and I-539 and USCIS processes it. Eventually it is approved or denied with a chance of RFE in between.

  12. Mankesha

    Hi Kumar, Admin, Experts,

    I need few clarifications.

    1) Will USCIS accept Premium application till 03-April-2017? What about application received before 03-April and extends beyond 03-April?
    2) Do they stop entire Premium of on going cases like RFE with Premium?
    3) What if RFE is triggered on Premium case after 03-April-2017? Would they still process it as Premium after receive of RFE doc?
    4) I believe huge amount of Premium would have filed before 03-April as it is blocked for 6 months, Effectively the Premium crunch will remain same?
    5) Ideally they should not accept any new H1B cap application unless they have man force to handle, Let them clear backlog and get new application
    What you say?.

  13. Bala

    I have Filed H1B Premium Processing on March 6th and USCIS had mailed and requested for additional Evidence on March 13th which I have not received, Once I receive it and provide a response, Would my application still be considered in Premium if I go beyond April 3rd

    1. Shaswat Talati

      Hi Bala

      I’m in same situation now. Did you got eligible for Premium processing ?

      I got RFE today for my H1B Transfer under premium processing. Now, Will my case still be processed under premium processing ?

    1. H1-Process

      Sorry, you cannot bring your girlfriend, only legal spouse. If they allow girlfriend, each person would bring a new girlfriend every year 🙂

    2. Why you exist?

      Why do you exist?

      Bringing your girl friend to the US? You think its like going to a cinema theatre or a restaurant..? LoL 😀

  14. Dharani

    Scenario:
    I am working a company A with approved i797(H1B) and looking forward to move to another company B, mean while i have travel plan to go to India in July and i also need to get H1B stamping done.

    As the premium process is suspended up to 6 months, even though i change my employer to B, my h1B transfer might be not completely completed by July.

    Questions:
    1. Can i go to India in July for H1B stamping with Company A H1B papers, by having the H1B transfer process going on with Company B?

    2. As per question 1, as i travel to India.
    The new i94 will be produced once i re-enter USA.
    As the H1B transfer process is going on, USCIS needs the updated i94 to proceed further.

    Can i submit the new i94 for the H1B transfer process to USCIS via Company B after re-entering USA?
    Will it be affecting the H1B transfer process with Company B by any case? If so, what might be the solution for it?

    The travel to India is a mandatory thing.
    Please suggest and thanks in advance, i appreciate your time for reading and providing suggestions

    Thank you!

    1. H1-Process

      1. Yes, you can go for stamping for company A if the transfer with company B is still under process.

      2. Once you leave US while your H1 transfer is under process, RFE will be issued because while filing the transfer it was mentioned that you are in the US but when verifying by uscis your I94 would say you left the US.

      Your situation depends on how you want to handle it – If you want to enter back with company B stamping then you have to wait for the approval & then go for stamping. If your transfer to company B is approved after you get stamped for company A then you have to get H1 stamped again for company B to enter the US.

      1. Dharani

        Thank you so much for your timely response.

        As per your suggestion,
        If my H1B transfer to company B is approved after i get stamped for company A then i have to get H1 stamped again for company B to enter the US.

        Question:
        1. Is it mandatory to get stamped for the Company B while i got stamping from the Company A to re-enter USA?

        2. While i am in India and I still dint receive any response from USCIS regarding H1B transfer process with Company B, the status is still processing/pending.
        In this case, Can i re-enter USA with Company A stamping and work for Company A for some period?

        3. As i will be receiving the receipt notice regarding the H1B transfer process from USCIS for Company B. As i enter the USA,
        Can i work for Company B with the Receipt Notice?

        4. If i work for the Company B with the Receipt Notice after India Travel with new I94. While USCIS checks filing and see the I94 expired, i will be getting an RFE. Getting an RFE(regards I94) while i work for Company B with Receipt Notice is how far safe?

        Please suggest, i really appreciate your response! Thank you in advance.

        1. H1-Process

          1. If you are outside the US & your latest approval of H1 is with company B, then Yes.
          2. Yes. Your latest approval here will be with Company A as the outcome for B is still in process.
          3. Again, assuming that you entered US with stamping for A & your case for B was still in process the answer is Yes.
          4. Can’t provide a specific answer here without knowing the reputation of employers. Personally, would avoid if it is a body shopping consultant, but would go for it if a fortune 100/500 employer or direct client.

  15. Jitesh Raman

    Can H1B transfer process and Green Card PERM process go on simultaneously?
    I have an offer from a reputed company for a direct hire position. Currently background check is in progress and It is expected to be complete by the last week of March. My future employer will then initiate my H1B transfer and as soon the application is accepted by USCIS I’ll start working for them. I understand that My employer cannot request Premium Processing and regular processing may take up to 6-8 months given the huge backlog USCIS has.
    May 2017, I’ll enter the final year of my H1B. My future employer will start my PERM process immediately after I join.
    My question is, can my employer initiate PERM Process while I am still waiting for my H1B transfer approval?

    1. H1-Process

      Yes, an employer can initiate Perm/GC process any time even if you are not their employee or even if you are not physically present in the US.

  16. Q

    I am wondering about data related to IT Contract hiring. Has hiring fallen this quarter ( I know its still only March) compared to the last? Does anyone have year on year data? Students who have just graduated, how is the hiring situation this year?

  17. Indian_MNC

    Dear Kumar and admins,
    My Employer is asking me travel to USA. I have filed for amendment and i have got amendment receipt notice. My employer is asking me to attend interview using receipt notice. Will there be any issues? Also my visa expiry date is 30th sept. will i have to file for extension before or after i get my visa approved. please reply

    1. Ganesha

      What is the amendment that was filed? can you please elaborate. If it is a trivial amendment it may not really impact your H1B petition but some critical amendments do.

    2. APN

      I am assuming you are referring location amendment and interview means port of entry interview, in such case, receipt notice should be fine and do not have to wait for approval. I came to USA on Jan 2017 with location amendment receipt notice.

      1. Indian_MNC

        @APN,@GANESHA
        I am referring to Client change,Location change . I think it major change. Receipt Notice is fine during interview and POE right.

        Regards

  18. Jess

    My husband is a surgeon from Canada who did his fellowship in the US on a J1 waiver. Rather than return to Canada we decided to get an 01 visa, and after deciding we like it down here, applied for a J1 waiver (conrad 30) to work toward a more permanent status. We received approval from a certain department in early fall 2016, but for final approval we had to jump through about 10 thousand more hoops. We are nearing the finish line, and should have the approval and waiver in hand soon (I think). Due to circumstances beyond our control, we have decided to move to a northern state to be closer to family. We have a hospital that is ready to make a job offer up there, but we are concerned that this suspension will affect our ability to transfer our j1 waiver to the new employer (university hospital). Is it true that we can still apply for this transfer (despite the suspension) and begin working at the new institution with just the receipt of our application? I know there is a time line on this, but just knowing that we can leave when we need to (without waiting nearly a year) will give me peace of mind. Does anyone know anything of this? Many thanks to those willing to answer! -j

    1. Dr. Sandeep Shankar

      The J-1 ‘Conrad under-served regions service initiative’ is one of the most prestigious programs of the US government. Your husband is unaffected by the new rule. The new employer’s ability to pay him will depend on the waiver being transferred but some employers do pay based on simply the receipt because they want their medical professionals to get started as soon as possible. Check with them or their lawyer who will know more. Thank you for all that you do for us; it is not easy.

      1. Jess

        Dr Shankar,

        Thank you so very much for your reply, it helped tremendously. And thank you also for the kind words, my husband was pleasantly surprised and grateful to hear that. He really just loves what he does and wants to help people. It’s a shame they make it so difficult. Thank you again for taking the time to reply.

        All the best,

        Jessica

  19. Fraud Coniltancies

    Do not cry after trusting these fraud companies
    take a better decision, money does not grow on trees.

    Equinett, Inc
    Ds Soft Tech, Inc
    https://www.dol.gov/whd/immigration/h1bdebarment.htm
    EBS MINDS
    iEratech
    Divensi
    Adeptmax
    hiracle
    AVIGHNA GLOBAL
    Ardent Technologies, Inc
    dw practice
    i28 technologies

    based on reviews across redbus2us site. i am trying to speak against consultancies for last years, whether trust me or not is up to you.

    remember, this time things are going to be more tough, do not be an educated fool.

  20. SOME_OBSERVATIONS_VISA_PROCESSING

    Actually this is also a opportunity for USA to create a job and get additional revenue !

    It is a huuuge money for USCIS if the have enough man power to handle.

  21. K c kyle

    I am not fromIndia/Asia, but what I heard from my source in USCIS is they will be very strict at certain areas of India like Antha Pades, Gajrot etc. I heard these places for first time, hope I am right.

    1. Father of K c kyle

      You are from India & trying to create a panic among all, don’t worry the situation is already panicked, take rest & get well soon.

  22. hari

    Hi

    I am working with indian firm to US client, my H1B expiring on sept 18th however now i got an offer in USA reputed company
    they are about to initiate my transfer in premium

    the other side my current employer is askng to file extension frm their side am trying to hold off them for a month or so

    My only concern is what if my premium transfer petition doesnt adjudicated in 15 calendar days and then it will go in normal processing

    When they 15 calendar days, are they gonna consider it frm april 3rd or frm the petition recieved date ?

    At that time if i reveal it to my current employer have chances to send back india

    1. Ganesha

      Hari,
      Dont worry. Everything will be fine. Let us walk through multiple scenarios

      1) Reputed company files your H1B before April 3rd but the processing is not complete in 15 days.
      Result: USCIS will return the fee paid and will continue to process under expedited category not a regular one. As the new company is reputed, you can go ahead and join that company before getting actual approval (assuming there are no points of concern related to client or your profile).

      2) Reputed company files your H1B before April 3rd processing completed in 15 days.
      If you really want to be extra cautious, you can wait 15 days from the day petition is filed and can give notice to your employer.

      3) Reputed company files your H1B after April 3rd in regular category.
      As stated above, if all the three factors that determine your eligibility i.e. Client, employer and the applicant profile/history is good, you really dont have to be worried. you can join the employer as soon as your new employer receives receipt notice.

      In all the possible scenarios, I am positive that outcome will be what you are expecting. Please take an informed decision taking into account all your constraints and liabilities.
      Note : Revoking H1b is not an overnight thing even if someone really want to do it. It has its own processing time. so dont worry

  23. Joy

    Hi Experts,

    My company want to file H1B amendment in premium mode.All my documents ar ready to be submitted by March end .As per the news premium processing is stopped.May I use premium processing for the amendment if I can file the amendment case with uscis by March end?

  24. Sameera

    Hello,

    I am currently on F1-opt(stem) and my EAD will expire in may 2017. Assuming My employer might file my H1 in april, and the premium processing being in suspension , how do I know if I can stay in USA or not after may 2017. Can you give me an idea how long it might take to know if my application had been picked in lottery ?

    Thank you
    Sameera

    1. Ganesha

      The minimum requirement for you to continue employment is a Fedex delivery slip or a receipt notice. Once your petition is picked (assuming chances are higher this year), You can continue working without any issues till USCIS take a decision. Even if the outcome is different than expected, you can always appeal the decision and that would take some more time.

      1. Siva

        My OPT EAD expires on June 10th. My employer will be filing H1B petition this April. I think a Fedex delivery slip will get extension only until June 1 which is not helpful for me as I have my EAD valid until June 10. Under normal processing when will I know if my petition is accepted? What if I don’t get to hear from USCIS until June 10. In that case I won’t have a receipt number to get Cap Gap extension until Sep 30. Can you tell me what will be my status after June 10th if I don’t get to know my lottery result until then? Thanks for your help.

  25. LastChanceHarvey

    Friends,

    Wondering what’s the current situation for stamping in Chennai or HYD, The output is positive or its Trumphed ?

    My employer is a small size resource provider from NY/NJ area, wondering if people has faced tough storm while stamping interview ?

    Highly appreciate your time.

    1. Ganesha

      Hi,
      Whether it is Hyderbad or Chennai, you can remain confident as long as you have everything in order and your case is genuine. The main intention of VO is not to fail an applicant but to see if the applicant is truly qualified and the path he is taking is beneficial for him/ her and the host country. Be 100% positive and prepare your case well. You will be sucessful.

  26. h1bvisaguy

    Hi Kumar – I got my visa stamped last year and my employer planning to file H1B amendment process this month. Normal processing of amendment will take 6 months or so and with premium processing within 15 days. Is the suspension of premium processing applicable to the amendment process as well?

  27. Nishith Vyas

    Hello,

    I’ve an approved I797b Case on Dec, 22 2016 & soon going to book an appointment for Visa Stamping @ Mumbai Consulate.

    So, would like to know that the said temporary 6 month premium processing ban is also applicable to me? I’m from H1B 2017 Quota.

    -Nishith

    1. LastChanceHarvey

      If your employer has not opted for premium processing then you move with regular flow, case where they paid extra and filed your case for an expedite processing then the rule is applicable to you.

      Again today is the decision on this bill.

    2. administrator
      Kumar

      Nishith,
      The premium processing suspension is for someone who is applying for H1B petition with USCIS. You already have an approved H1B petition, it is not applicable to you.

  28. Sam Kumar

    My I-797 petition last date is 30th September, 2017. My H1B was stamped with my client XX, however, due to project ramp down, my current client doesn’t need much resource and I may not travel to the client location and it may change to some other client YY and location. There will be an amendment to be done for this change I believe. However, I have heard that in Premium Processing, it takes max 3 weeks but in Regular Processing it takes 2-3 months minimum. If in Regular Processing it takes so much time, then it may happen that by the time I fly to new client location, I cant have an Visa extension because it maybe after the latest date required for VISA extension. Can someone confirm that the Premium Processing mentioned here in this article is applicable on this case too? or is it for new petitions. Thanks in advance.

  29. Debbie

    I agree on rising salary to 130K for H1b dependans, but taking away Premium process will not change a thing. Plus, you think this will stop Indian companies flor filing H1Bs? They will be more then excited not to pay extra $2500 fees for Premium. It will only make it difficult for honest people, who wanted to receive a feedback as soon as possible to plan their lifes. Before you knew that if there is no answer in 15 days then you are probably 90% rejected, but now you have to wait 4-5 months without knowing the situation. Bad decision!

  30. Avatar

    I will be starting my new job on July 1st. My H1B from my current employer is approved until June 2018. My new employer will apply for the transfer but with no premium processing, this might take months. Will I be able to work just on the receipt without the actual approval?

  31. Vivek

    Hello,
    My case was picked in lottery last year. I got RFE on 17th oct 2016, and responded on 8th jan 2017. USCIS case status displayed your RFE responce is received and they will restart my case work. after 50 days of this display status, nothing is change. Now i want to apply for premium processing but after reading today’s news headline i confused. Am i eligible for PP right now? Should i go for PP or Wait? Is there any impact on my case after this new bill of H1b in US congress?

  32. SP

    I have been waiting for a decision for 40 days after the RFE response,Now that the premium processing is going to be suspended from next month, I think the no of premium processing requests will be higher during the current month to utilise available time for PP.
    Hence the USCIS will still be occupied with PP cases and Regular cases like mine still has to wait more than a month to get the decision.
    SoI am also thinking to upgrade to Premium processing. Please let me know your thoughts.

    Thanks

    1. Ganesha

      Vijay,
      You can join an employer on a receipt notice. How safe it is depends on the 3 factors Client, employer and applicant. A typical H1B non-dependent employers, big companies will not have any issue in getting an approval. The employee records / history also contribute to the success of the case. Equally important is the model of employment. If a full time directly with company you can relax in most cases. A big company with direct client contract is also straight forward. Additional precautions and thorough review of paper work might be required in subcontracting cases but they will also be successful if employer covers the ground well. Don’t worry everything will be good. Just take an educated decision based on the above factors rather than a hunch feeling inclining either way .

  33. Shreya

    Am currently on OPT which ends mid july 2017. My company is applying for h1b in April.
    What happens if I don’t hear back by July? Can I no longer work till I hear a decision?

      1. administrator
        Saurabh

        pratap / Shruthi,

        COS itself doesn’t have PP option. PP option is only available when COS is accompanied with a I-129. As PP for all I-129s has been temporarily halted, you cannot apply COS from H-4 to H-1 in PP.

  34. Jim HOne

    I am looking forward to H1b being stopped completely. It’s about time for US companies to invest in US citizens instead of taking the easy way out.

    1. Debbie

      I am from France, have J2 and I am currently working in US company for 2 years. My manager wants me to stay because I bring huge profit to the company. Without H1B what options will I have? Isnt it worst for US econocmy to lose people like me (who already proved they are good at ther jobs) rathen then hire someone bad despite being US citizen? Note that I am talking about people already working in USA, not people trying to get a visa from overseas without every working in USA.

      1. An American Citizen

        Debbie, France makes it very difficult for non-French to work there. Why should USA be any different. As for profit, any Company that relies on a single person for profit deserves to perish.

      2. Hanishan

        You can negotiate with your employer to have them go for an Employment-Based Green Card directly. As a citizen of France, your turnaround time on EB Green Card petition will be much, much shorter than Indian, Chinese applicants.

  35. Karna

    Hello, my final OPT expires on June 8. Am I eligible for filing CAP GAP extension even when my H1b application is under review?

  36. Dr. Sandeep Shankar

    Premium processing was started in 2001 to clear H-1B backlog. Today after 16 years, premium processing is being suspended after giving the exact same reason. Friday announcements are always used to allow more time for investors to process negative news. Tech companies that heavily use premium processing such as IBM, Microsoft, Google and Facebook will be able to react only on Monday. In this situation, the entire news is so technical with terms such as “H-1B”, “premium”, “processing”, “skilled” “visas” “lottery” etc that 90% of USA does not even understand what all this means – it is not mainstream news and lawyers for tech companies will need to meet with HR directors and CEOs to explain the fallout. However fact remains that suspension of premium processing is suspension of the pulse of H-1B. It is a major game changer and a lot of thought seems to have gone into it.

    1. administrator
      Kumar

      Lp,
      They did not suspend premium processing in 2015, it was only the start date to count the SLA of 15 calendar days that was pushed to handle load.

  37. Cick

    I believe that now all multiple applicants will be definitely screwed. This is only the beginning. Find a back up plan or another country.

  38. Rajesh

    Hi Kumar,

    Thank you for providing this update.

    I currently have an approved petition from April 2016 batch (not stamped yet) from a Consulting company ABC. My current employer (DEF), a large US based MNC has offered me a position internally for which the job requisition will be announced only in May 2017. Can my approved cap exempt petition be processed through Premium Processing even though it will be in May 2017 ? Kindly let me know. I am worried about this temporary change

  39. MY

    This is a huge impact no employer will wait for people who are looking for job change,many consultancy companies file H1B they will not be able to place under new LCA

  40. New H1

    I have new h1 with employer 1 for LCA approved for in-house project which is delayed to start (according to my employer). I haven’t traveled yet. Meanwhile I’ve recently got a job offer from other employer (consultancy firm having external client) and he is ready for my h1 transfer. I was counting on premium processing, and frustrated after this news. Is there any possibility if my new employer file for premium processing before April 3rd or will I be able to get approval under emergency situation.

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.