H1b transfer with regular processing then premium processing

S

simy

Registered Users (C)
Hi,

I have applied for my H1B transfer on 20th dec 2003 and got the receipt with notice date 31st dec 2003 with regular processing.

My previous H1b and I-94 expired on 31st dec 2003.

Now becuase of slow application processing i don't think so that i will get my H1B within 180 days and i heard that i can't wait for more than 180 or 240 days not sure if my I-94 is expired.

So is it possible that i can switch my case form regular processing to premium processing at this satge now?

If yes will they accept my application for premium processing? and also will they do premium processing for my wife's H4 also becuase i have applied for h4 at the same time with application?

Thanks.
Simy
 
You CAN convert your pending case to PP, but you don't have to. If it's an extension and the employer is still the same, as long as you timely filed the extension (meaning, before the I-94 of your previous H-1B expired), then you get an automatic 240-day extension of your employment authorization under the old H-1b beyond the expiration date of that H-1B. So, if your H-1B expired at the end of December 2003, you have 240 days from that date that you are completely fine continuing to work even though the extension is not yet approved. As the time nears the 210 days, if the extension is still not approved, then you can convert it to PP, but doing so too early is really not necessary for legal purposes (unless you also need to travel internationally and need the H-1B approval notice in order to obtain a new H-1B visa).

If you had filed a transfer H-1B before the previous H-1b expired, it's even better because there is not the 240-day period, but as long as needed to get the approval, since under the current law, you can start working for a new employer just based on the receipt notice of the new H-1B and without waiting for the approval of the H-1b (of course, eventually, the new H-1B would have to be approved, but again, unless there are travel concerns, you are perfectly legal in the US and have continued work authorization.)
 
Thanks for you detailed information.

I am in second issue of ur reply. I applied for my h1b transfer and got the notice date same as my i-94's expiry date. So i think this should not be a problem for my transfer as per your view.


But i already applied for Premium processing this morning becuase I don't have much knowledge about this stuff. And even my lawyer didn't told me anything related to that:eek:.

Anyway thanks for you help.

Thanks,
Simy
 
Well, it's ok to have converted it to Premium Processing; my point is that you did not absolutely have to. But, of course, if you pay the extra $1000, the USCIS is happy to accept it from you.
 
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