When is the appropriate time to go from ordinary to premium H1B processing

[wilsondavid]

Hi,
My H1 processing unit is Vermont. The online case status of my application is shown as 27th April 04. I don't see any change in the status. I need to know the status of my application by end of August due to some personal reasons. But my employer suggested that I go for ordinary processing and that I should hear by end of August.
Could anyone suggest till when I can wait before I change my application to premium processing.
All suggestions are highly appreciated.

Wilson.

[GCChaahiye]

As of 23 June 04,they are processing those filed around

30 December 03- for extension of stay in the US.
22 April 04 - for change of status in the US.

Assuming that yours is extension, you can have an idea depending on the above processing date.

I know one case of H1B extension filed around mid-March 04 and still waiting.

There is no guarantee that these processing times will stay as such.Some of them get approved earlier, others take a lot more time - can't say why.

I have read some one else post on these forums that after filing and waiting for sometime, he sent the $1000 for the premium processing and his petition got approved the very next day after USCIS received/cashed this check.
Chances are,this check did not affect his approval in anyway and he might have spent the money for nothing.

So you may apply for Premium Processing right away without waiting.

[wilsondavid]

Hi GCChaahiye, sorry for not mentioning.... but mine is a fresh H1 (falls under 'Change of status' category). I have talked to my employer regarding changing my application from ordinary to premium keeping all my constraints in mind. But he is not encouraging me to do so and is confident that my application will be processed at least by end of August. I'm right now working in L1 visa.

I'm new to all this H1 visa processing stuff. This question of mine may sound 'green behind the ear', but I have no other go than asking you'll on this forum.

What if my application gets rejected after I change it to premium processing?. Do I stand a chance of applying again either thru the same employer or a different one for the 2004-05 quota. Please do let me know. Thanks!.

[GCChaahiye]

Your employer may partly be right(hopefully) that your new H1B may be approved by August keeping in trend with the current processing dates.

Your H1B petition will not be rejected or denied unless you have filed a frivolous petition or do not meet the minimum requirements.

Incase it does not get approved rightaway, you will receive an RFE( Request for Evidence).Once you reply to this RFE and the Officer is satisfied with your reply, your H1B will get approved.

Since yours is a new H1B, even if you get approved now under Premium Processing, the start date will only be October 1,2004 provided the quota is still available. A good thing will be, atleast you would know in about 2-3 weeks whether your H1B is approved or denied(exactly why it was denied) and you can take necessary actions/precautions for the next filing.If the same employer files again, the chances would be slim, as it was denied once unless the earlier problem is addressed properly.

Any other employer can apply again for H1B.