Premium processing for non-cap cases

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Can someone please clarify whether INS is planning to eliminate premium processing for all cases or only for H1's that are subject to the cap? In other words, will the premium processing for non-cap H1's be eliminated too?
Thanks
 
Can someone please clarify whether INS is planning to eliminate premium processing for all cases or only for H1's that are subject to the cap?
---- No official final date announced to stop premium processing I think it will be for Cap or non-cap or for both, better file the case ASAP
In other words, will the premium processing for non-cap H1's be eliminated too?
Thanks
 
An article by Attorney Murthy indicated that cap exempt cases can continue to use premium processing even if it is stopped for the cap cases. I would expect the same, although there is no official word on this.

Have you signed a pre-match?
 
Yes. I have signed a prematch. However, I am leaving USA to my country for 2 months and will return only in end of march. So, I cannot file until then and if the premium processing has been eliminated at that time, I will not be able to get my H1 in time.
 
Actually, one does not have to be present in the US to file H1B. It can be done when you are outside. Also, contrary to what you might have neard, you (actually your employer) can file your H1B and you can leave the US. The applicaiton is not abandoned. Only thing is that you must get an H1B visa stamp if you wish to enter to work for that employer.

Why do you have to re-enter in March. This might complicate a bit, depending on what status you are on currently, and what visa you have currently stamped on your passport, but I think this can be worked out. You might be entering on another nonimmigrant visa, and then you might have to leave and re-re-enter again on H1B.
 
You are correct. I am on a H$ now and if I reenter the country on a H$ , my H1 which could have been approved by then will become invalid.
 
Not quite. The approved H1B does not become invalid. When you (actually your employer) apply for an H1 while on H4, then two things are happening: (1) the employer is requesting permission to hire you and (2) a change of status is being requested from H4 to H1. If you go through premium processing and get it approved, then the former takes effect from June or July when the residency starts, and the later also takes effect at the same time. If you remained in the US and never travelled, then automatically you change to H1B in June/July.

Travelling out of the country never invalidates item (1). Only thing is that you will remain on H4 in March when you re-enter. Then subsequently you can travel out of the country in May or June, use the same H1B approval notice that you receive now, get an H1B visa stamped, and then re-enter on H1B. This can be done in Canada or Mexico, although generally it is better to do in the home country, since your medical degree is not from the US.

Note that if you are entering on H1B, you cannot enter the US ten days earlier to the start date on the H1B petition.

Not legal advice. Check with an attorney.
 
Thanks

Thanks for your help.
Do you know if all healthcareinstitutions are exempt from the cap or is it only universities?
 
Only few health care institutions would be exempt from the cap. Hard to say which ones. If it is a university program (not just university affiliated), then it is likely to be exempt from the cap.
 
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