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Premium Process Stopped Until July 26: H1b Transfer

Discussion in 'H4 employment authorization' started by rajpatel83, May 26, 2015.

  1. rajpatel83

    rajpatel83 Junior Member

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    Hello..

    I know uscis stopped accepting PP process for h1b until july 26...but is this applies to if you are in process of change from Company A to B for 3 years of extension..? can Company B transfer H1b with 3 years of extension (i140 approved) in Premium process?

    appreciate your response..

    Raj
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS published the following clarification today:


    From: U.S. Citizenship and Immigration Services [mailto:uscis@public.govdelivery.com]
    Sent: Friday, May 22, 2015 2:56 PM
    To:
    Subject:
    USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions Please note: This is an update to the alert that we issued on Tuesday, May 19 with the same headline. That alert can be found in the USCIS Archive.

    Starting May 26, 2015, USCIS will temporarily suspend premium processing for all H-1B extension of stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant.

    USCIS will continue to premium process H-1B extension of stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

    USCIS will refund the premium processing fee if:

    • A petitioner filed H-1B petitions prior to May 26, 2015, using the premium processing service, and

    • USCIS did not act on the case within the 15-calendar-day period.​
    Premium Processing Remains Available for Certain H-1B Petitions

    Premium processing remains available for:

    • Form I-129 H-1B petitions subject to the H-1B cap and cap exempt petitions, as long as the petition is requesting:

    o A change of nonimmigrant status, or

    o Consular notification;​
    • Form I-129 H-1B petitions filed on behalf of individuals who already have H-1B nonimmigrant status, as long as the petition is requesting:

    o Consular notification, or

    o An amendment of a previously approved petition that does not include a request for an extension of stay; and​
    • All Form I-129 H-1B1 petitions.​
    Why We Are Suspending Premium Processing

    This temporary suspension will allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations. We anticipate receiving an extremely high volume of Form I-765 applications once the H-4 final rule becomes effective on May 26, 2015, and need to temporarily suspend premium processing to ensure that we can provide good customer service to both H-1B petitioners and H-4 applicants.

    We will monitor our workloads closely and may resume accepting premium processing requests before July 27, 2015, if we determine that we can once again provide customers with the level of service offered with
     
  3. rajpatel83

    rajpatel83 Junior Member

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    Hi Ron,

    Appreciate your feedback...does that mean company B can transfer h1b with 3 years extension ? I still dont see any clarity in terms of changing employer..

    Thanks for you time.

    Raj..
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As long as you don't ask for an extension of H1B status, you may use PP
     
  5. rajpatel83

    rajpatel83 Junior Member

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    Thanks Ron...What happen if they decide to do PP with 3 years extension with consular process..so once I get approval notice for 3 years I can leave country and come back and start working for new company and I dont have to go for Visa stamp since I already have visa stamp on passport for company A till June 2016...

    or I should simply do regular process for a now and change PP on July 27th?

    Am I thinking right?

    Regards,
    Raj
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may do that. Get an extension with consular notification, then go to Canada or Mexico and reenter with the approval notice and your old, unexpired visa.
     
  7. alphabeta9

    alphabeta9 New Member

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    Thanks for all the information which you have shared on the website. It is really helpful
    I am getting transferred from company A to company B. As H1B Premium transfer is stopped till July 26th. So to expedite my transfer
    company B told me that they would be doing change in the employer but they will not file extension(my I 94 would be expiring in Dec 2016). My extension would be filled some time later.
    I know H1B transfer is essentially raising another H1B and neither currently employer will not come to know about it nor it impact current employment(you can correct me if I am wrong in this phrase).
    My question is - is the process of change in employer (the process which company B is talking about) is also exactly like H1B transfer and my current employer will not come to know about this?

    Thanks
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS hasn't fully fleshed this out yet, but I believe that you can do what the employer proposes.
     
  9. tapan

    tapan New Member

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    Hello Sir,

    I am currently in the process of transferring my H1B application from employer A to employer B. Employer B has told me that he cannot file my h1b Transfer in premium processing till 29th July as USCIS has stopped accepting premium processing applications for H1B transfer. But as far as my understanding goes, and what I have read on USCIS website, it clearly says that the premium processing for H1B extension premium processing has been stopped temporarily. Would you please put light on the issue. So that I can correct my new employer and expedite the procedure.

    Thanks in advance.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As long as they do not request more time on your I-94, they may file through PP.
     
  11. gcmatters

    gcmatters Guru

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    Ron,
    I am in a similar situation and to make matter worse I do not have a valid visa stamp so cannot go for consular notice. My visa expired Oct/2013.
    I have H1B till September 2016 based on approved I-140 from current company and also from company before my current company(they don't revoke)
    Isn't there a risk if I just transfer without asking for extension because by the time new employer files for extension (which can be as early as April 01 2016) what if my current employer revokes I-140 (I don't think they will do but still.)

    They are going to process green card as well but I doubt they can file PERM before October 2015 and hence cannot have I-140 approved by April 2016 from new employer.
    What do you suggest ?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    While you may not have an I-140 approved by April, you should definitely have it before September, 2016.
     
  13. Analyst

    Analyst New Member

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    Hi Ron,

    I have approved H1B with my current employer till dec 2017 and I also have my approved I 140 with them as well. I got an offer from company B and they transferred my H1b and that is valid till May 2015, but I havent started working for company B and no pay stubs are available. I got another offer from company C which is the client of my current company and I am accepting that offer. Can compant C file for premium processing if they stick to the current visa period and if yes can I use the date from company B petition which I haven't started working till now. In other words can company C request extension till Dec 2017 or may 2018 if they are using premium service.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The problem is that since your I-94 has expired, the second petition has to be approved before the USCIS can approve the third petition. In the alternative, you can ask for consular notification and go abroad to get a new visa.
     
  15. Analyst

    Analyst New Member

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    sorry i meant to say the petition for comapny B is approved till may 2018.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In that case, have the new company file a superseding H petition and reference the one that is pending.
     
  17. gcmatters

    gcmatters Guru

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    Hi Ron,
    Thanks for the reply! I have a follow up question : Would my PERM /GC filing get affected if there are layoffs in the company/department?
    If yes would it get rejected or get Audited ?
    My new employer had some layoffs yesterday . Couple of them were from the department I will be working under so trying to understand the impact.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the layoffs happen while the PERM is in process, there could be a problem. After it is approved? No problem.
     
  19. gcmatters

    gcmatters Guru

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    And what if layoffs happens before the PERM is applied. In my case PERM might be applied in October and lay off happened yesterday. There is nothing else planned for at least a year from now.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If there is a layoff in your occupation, the employer may not file a PERM and must wait at least six months after the layoff to file.
     

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