H1B premium Processing eligibility question

Hi All,

Good Afternoon.

Appreciate your time and help, thanks in advance

I have a question on premium processing eligibility according to the Feb 19th 2019 announcement.

I am a full time employee to Indian company and they have applied for H1B in 2016 for client X, as i was stuck in Europe i couldn’t travel to US to work with Client X , in 2017 my company raised an amendment for Client Y and it got approved and i am working in USA with Client Y since then.

Now i have to go for an extension with same Client Y with same salary and same designation , am i allowed for Premium processing with the latest decision on Feb19th?

When i spoke to my company they are saying , i am not allowed for Premium as my extension is not a pure Extension as Amendment happened in 2017.And they have initiated extension under Normal processing

I have a mandatory trip to Indian in May, i have Visa till July 24th 2019 and valid i94 till Aug 8th 2019 , please suggest what is the best appropriate action i can do for smooth Visa extension and Indian travel.

Thanks.

In general, if everything remains same and your terms have not changed, you should be eligible. To be eligible, your employer should selects option b in part 2 of I-129. Check H1B Premium Processing Suspension Info for more info on the screenshot.
You should go with your attorney’s opinion as they would know about your case more. You still have some time to go, maybe you can upgrade it at later point, if you have not heard back. Speak to your attorney and take an action.

Thanks for the reply, i am still trying but unfortunately neither i am succeeding in making them understand why i am eligible nor they are succeeding in making me understand why i am not eligible.

Appreciated your time

Well, sorry to hear…if they are open to ideas from other attorney, you can get a second opinion from another attorney and clarify…Good Luck !