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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109047
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Will USCIS accept H1B transfer in Premium under suspension?

Customer Question

I filed for an Extension with my current employer and got the receipt notice in regular processing. Now, My future employer is asking for details to transfer my Visa. Will USCIS process this transfer case in Premium? Since the premium processing is suspended for 2 months and need to know what my new employer will do.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Did you file the extension under Premium Processing before May 27th?
Customer: replied 2 years ago.
No...It was filed on June 2nd in regular processiong
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
when does or did your I-94 expire?
Customer: replied 2 years ago.
June 9th, 2014
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Then you have some luck on your side. Employer B can then file an H-1B in regular processing before June 9th if they already pulled the LCA. If not, the LCA may be the determining factor. If they can get the LCA and file the I-129 before June 6, you can begin working for employer B as soon as USCIS receives the I-129. If not, then you have to wait for the extension filed by A is approved before B can file for you. If B files after June 6th, then the extension has to be approved before B's petition can be approved since you need something to cover the time after June 6th.
Customer: replied 2 years ago.
My Employer B will file only after June 9th and if they file after June 9th will USCIS will accept in Premium processing at this point of time. I am currently working with Employer A and my visa is expiring on June 9th. I already filed for an extension under regular processing. Now, I got a Job offer and my new employer is ready to transfer my Visa. Is that possible to transfer the visa even there is a extension currently in progress with current employer?
Also, Premium processing is suspended for next 2 months. Will USCIS will process the transfer in Premium at this point of time.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
No. Premium Processing is suspended. Even if they did B under Premium Processing, they cannot approve it until A's extension is approved unless B files before June 6th.

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