Hello. I have a question on premium processing new rules by USCIS. If my employer apply my H1 on april 1 in premium processing and USCIS will get my petition before quote get full than what is my chances to get H1. I mean USCIS starting premium processing from april 15 and if H1 quote get full before that than am I in safe side or not ?
Pleases replay me with your suggestion. thanks you in advance
As long as your petition is received prior to cap being reached, you are considered to have made through the cap. It doesn’t matter whether the petition was filed as PP or not. Last year, they started the PP clock from a later date and processed all such petitions from within 15 days of that date. Same might happened this year.
In other words, the petition may not get processed by 15th, but you will definitely be considered to have made through the cap.
Thanks Saurabh…!!
Hey Saurabh, just curious to know what it mean by below post which is mention on USCIS site regarding premium processing
While the Form I-797 receipt notice may indicate the date that the premium processing fee is received, the 15-day processing period set by 8 CFR 103.7(e)(2) will not begin until April 15, 2013. The 15-day processing period for premium processing service for H-1B petitions that are not subject to the cap, or for any other eligible classification, continues to begin on the date that the request is received.
As huge load of petitions are received when the cap opens, USCIS cannot process all of them within 15 days. So they need to buy time and this is a way to do it. So if the petition is filed w/ PP, it’s PP start date will not be considered as April 1 but April 15. This means, USCIS will process the petition by April 30th (as opposed to April 15). This gives them one month to process the huge load of PP petitions.
Does that clarify?
So long story short, if i apply my H1 on 1st April in PP and they issued receipt on 3rd or 4th April but they will start to review my petition after 15th April… Right ?
Now its clarify that no issue if I apply in PP but i only have to wait till Month end.
That’s correct understanding.
Thanks for the info Saurabh, so it doesn’t matter that whether we file our H1B on premium or non premium. In other words, if we file our H1B in Non premium on 1st April,13 and once USCIS issue receipt then Can I change it to Premium mode? Which option will be safe and better?
If the petition is selected in the lottery, you can upgrade it to PP at a later stage.