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Better_Days
02-24-2009, 05:52 PM
They seem to doing it not in stages but in trickles :)
The premium processing option for I-140 has been *slightly* expanded. More details are here
Click Here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0319bde6869af110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Previsouly, your six years of H-1B time had to be ending and you status had to be H-1B.
Under the new rules, you can file for premium processing even if you are no longer in H-1B and your time is up.

In all honestly, I am having a tough time coming up with a scenario where this prove helpfull but I am sure brighter minds than mine will chip in.

Hat tip to the Greg Siskind's blog for reporting this.

pointlesswait
02-24-2009, 06:32 PM
what abt ppl who are past 6 years.. and nearing their first 3 year h1 extension...can they apply for premium..dosent say that
itst as vague as any govt...release.;)




They seem to doing it not in stages but in trickles :)
The premium processing option for I-140 has been *slightly* expanded. More details are here
Click Here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0319bde6869af110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Previsouly, your six years of H-1B time had to be ending and you status had to be H-1B.
Under the new rules, you can file for premium processing even if you are no longer in H-1B and your time is up.

In all honestly, I am having a tough time coming up with a scenario where this prove helpfull but I am sure brighter minds than mine will chip in.

Hat tip to the Greg Siskind's blog for reporting this.

GCAmigo
02-24-2009, 07:30 PM
Per my attorney, this wouldn't apply to those who are eligible to extend their H-1B status beyond the 6 year cap based on an approved I-140.

~GCA
P.S. At this stage, any miniscule relief to anyone is welcome!

GCard_Dream
02-24-2009, 08:30 PM
.. meaning if you already have a I-140 approved in a different category (say under EB3) which qualifies you to extend your H1B beyond 6 years then your new I-140 (say under EB2) wouldn't qualify for premium processing. Is this what you mean? Would you please clarify?

Per my attorney, this wouldn't apply to those who are eligible to extend their H-1B status beyond the 6 year cap based on an approved I-140.

~GCA
P.S. At this stage, any miniscule relief to anyone is welcome!

PHANI_TAVVALA
02-24-2009, 09:56 PM
What about whose 6th year is ending and labor was not applied end of 5th year? If one has approved labor (applied after start of 6th year), will he be able to apply for I-140 in premium processing 2 months before end of h1b or after end of h1b?

GCAmigo
02-24-2009, 11:00 PM
.. meaning if you already have a I-140 approved in a different category (say under EB3) which qualifies you to extend your H1B beyond 6 years then your new I-140 (say under EB2) wouldn't qualify for premium processing. Is this what you mean? Would you please clarify?

Yes, but that is what my attorney opined.

~GCA

svr_76
02-24-2009, 11:02 PM
This is from the USCIS website-

Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;


Is this an indication of what might be coming? Opening certain preference category for premium processing. Example, truely make it easy for "extra-ordinary abilities" to immigrate i.e. EB2?

texasdesi
02-25-2009, 12:42 AM
What about whose 6th year is ending and labor was not applied end of 5th year? If one has approved labor (applied after start of 6th year), will he be able to apply for I-140 in premium processing 2 months before end of h1b or after end of h1b?

I believe so.....this will help those who start their Labor less than 365 days before cap out date. Only catch is to make sure labor gets approved.

vrkgali
02-25-2009, 11:33 AM
I have a MTR against my I-140 and it may take another 20 months it seems.

when I asked my Attorney to apply for another I140 she informed me that we have to cancel the MTR first before we apply for the second I140 on same labor.

Am I eligible for premium processing If I cancel MTR and re-apply I140.

I am on 9th year extension.

dinakar
02-25-2009, 12:31 PM
is this expanded service eligible only for those whose H-1B is expiring in 60 days

or

is a person who is in 4th year on H-1B is qualified for premium processing ?

angelfire76
02-25-2009, 12:51 PM
They seem to doing it not in stages but in trickles :)
The premium processing option for I-140 has been *slightly* expanded. More details are here
Click Here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0319bde6869af110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Previsouly, your six years of H-1B time had to be ending and you status had to be H-1B.
Under the new rules, you can file for premium processing even if you are no longer in H-1B and your time is up.

In all honestly, I am having a tough time coming up with a scenario where this prove helpfull but I am sure brighter minds than mine will chip in.

Hat tip to the Greg Siskind's blog for reporting this.

1. A person's company dilly dallies on the green card and applies only in the last year of h1b
2. Even including recapture time the person cannot get the H1b expiration to move to 365 days beyond the PERM filing date
3. PERM processing times being what they are now, the person's labor is not approved before the H1B end date
4. PERM labor is approved after H1B time is used up. Previously you were SOL as your "labor pains" have been wasted. Now your journey continues as you can apply for the next stage of processing

This is the only scenario where it can be useful. I think it's a Humane (:rolleyes:) approach by the CIS

IneedAllGreen
03-05-2009, 06:42 PM
:confused:I have I-140 stuck from last more than 2 years and had 2 RFE. We replied last RFE on October 2008 and case has been resumed shows status online. I applied for PERM after my 6th H1B year. My H1B has gone for 1 more year of extension(Which I had received RFE as well. Mostly related to company's income and verifying bank details). My PD is Nov 06 and am a July filler for 485. Me and My wife both has EAD and AP with us. I have not used AC21 yet. Am I qualify for Premium processing for above situation?:confused: Please guys help in analysing USCIS update jargon.




1. A person's company dilly dallies on the green card and applies only in the last year of h1b
2. Even including recapture time the person cannot get the H1b expiration to move to 365 days beyond the PERM filing date
3. PERM processing times being what they are now, the person's labor is not approved before the H1B end date
4. PERM labor is approved after H1B time is used up. Previously you were SOL as your "labor pains" have been wasted. Now your journey continues as you can apply for the next stage of processing

This is the only scenario where it can be useful. I think it's a Humane (:rolleyes:) approach by the CIS

IneedAllGreen
03-06-2009, 01:18 AM
Anyone please share your knowledge in my case.



:confused:I have I-140 stuck from last more than 2 years and had 2 RFE. We replied last RFE on October 2008 and case has been resumed shows status online. I applied for PERM after my 6th H1B year. My H1B has gone for 1 more year of extension(Which I had received RFE as well. Mostly related to company's income and verifying bank details). My PD is Nov 06 and am a July filler for 485. Me and My wife both has EAD and AP with us. I have not used AC21 yet. Am I qualify for Premium processing for above situation?:confused: Please guys help in analysing USCIS update jargon.

angelfire76
03-06-2009, 02:48 PM
Anyone please share your knowledge in my case.

Do you need premium processing of 140 if you are on EAD? Anyway this was designed to let people get 3 year extensions to their H1B if they don't have any other option of extending their H1B.
Can you share the content of the RFE(s) so we are able to give you relevant advice?

mayitbesoon
03-06-2009, 04:20 PM
My husband's EB2 I-140 has been pending at TSC since Nov 2007. His priority date Dec 2003 has been current for a while. He is on 8th year H1B extension. Planning to use EAD after the current H1-B expires in coming june. is he eligible for I-140 premium processing. Anyone with more knowledge on the new rules, it would be of great help if you can please clarify.
Thanks.

IneedAllGreen
03-07-2009, 04:16 PM
and this is my 10th year H1B extension that company is asking for. Again we got RFE for H1B extension. We are tired of asking for 1 year extension so by using premium option of I-140 we can get 3 years of extension. Below is the detail of I-140 RFE we got in October 2008.

1. Copy of all four years of XXXXXXXXX transcripts in Bachelor’s Degree in XXXXX Engineering;
2. Copy of company’s Form 1120 U.S. Corporation Income Tax Return for 10/01/2006 to 09/30/2007;
3. Copies of company’s Bank Statements for the year 2008 (January to Current). Please note that we only require pages of the statements showing only the monthly bank balance. We do not need the entire statement package;
4. A copy of XXXXXX W-2 for the year 2007;
5. Copies of Pay-Stubs for XXXXXXXX for the year 2008 (January to Current); and
6. Experience letters (job letters) from previous employer(s): Please note that the Job letters does not have to be original. Scanned copy or Fax copy is acceptable. JOB DUTIES, DATES AND NAMES OF EMPLOYER IN JOB LETTERS SHOULD MATCH WITH JOB RESPONSIBILITIES IN LABOR CERTIFICATION (See attached). The job letter must submitted by your prior employer(s), on the company’s letter-head containing a valid address and telephone number; are dated; singed by a representative such as a supervisor or personnel officer; clearly state the period(s) of employment, position title(s) held by the beneficiary, and duties performed by you during the specified period(s) of employments.


Hope above helps you to understand kind of trouble I am in. Please share your knowledge or experience for me.

Do you need premium processing of 140 if you are on EAD? Anyway this was designed to let people get 3 year extensions to their H1B if they don't have any other option of extending their H1B.
Can you share the content of the RFE(s) so we are able to give you relevant advice?

kaushal30
04-10-2009, 11:29 AM
.. meaning if you already have a I-140 approved in a different category (say under EB3) which qualifies you to extend your H1B beyond 6 years then your new I-140 (say under EB2) wouldn't qualify for premium processing. Is this what you mean? Would you please clarify?


Hi GC_Dream, Did you end up filing premium processing? If yes, what was the outcome?

Your feedback would be really appreciated since I am in the same situation getting ready to file I-140, and need to determine if I am in elligible for 140 premium. Thanks much.

Update:
If anybody else has filed prem. under similar circumstances and would share thier experiences or have feedback, it would be appreciated.

MeraNoAayega
04-10-2009, 12:42 PM
and this is my 10th year H1B extension that company is asking for. Again we got RFE for H1B extension. We are tired of asking for 1 year extension so by using premium option of I-140 we can get 3 years of extension. Below is the detail of I-140 RFE we got in October 2008.

1. Copy of all four years of XXXXXXXXX transcripts in Bachelor’s Degree in XXXXX Engineering;
2. Copy of company’s Form 1120 U.S. Corporation Income Tax Return for 10/01/2006 to 09/30/2007;
3. Copies of company’s Bank Statements for the year 2008 (January to Current). Please note that we only require pages of the statements showing only the monthly bank balance. We do not need the entire statement package;
4. A copy of XXXXXX W-2 for the year 2007;
5. Copies of Pay-Stubs for XXXXXXXX for the year 2008 (January to Current); and
6. Experience letters (job letters) from previous employer(s): Please note that the Job letters does not have to be original. Scanned copy or Fax copy is acceptable. JOB DUTIES, DATES AND NAMES OF EMPLOYER IN JOB LETTERS SHOULD MATCH WITH JOB RESPONSIBILITIES IN LABOR CERTIFICATION (See attached). The job letter must submitted by your prior employer(s), on the company’s letter-head containing a valid address and telephone number; are dated; singed by a representative such as a supervisor or personnel officer; clearly state the period(s) of employment, position title(s) held by the beneficiary, and duties performed by you during the specified period(s) of employments.


Hope above helps you to understand kind of trouble I am in. Please share your knowledge or experience for me.

file writ of mandamus & sue uscis...:)

I know its easier said that done... but now a days lot of the applicants are resorting to this method to get a quicker adjudication...