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USCIS resumed H1B premium processing for new H1b petitions…

Customer Question
USCIS resumed H1B premium processing...
USCIS resumed H1B premium processing for new H1b petitions today. I am on H4 visa and would like to switch to H1b right away as an employer is willing to sponsor me.I was on H1b for 4 years and switched to H4 visa last year. Am I eligible for H1b premium processing?
Submitted: 8 months ago.Category: Immigration Law
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Answered in 9 minutes by:
9/19/2017
Immigration Lawyer: KLAW, Lawyer replied 8 months ago
KLAW
KLAW, Lawyer
Category: Immigration Law
Satisfied Customers: 2,198
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
You can now use Premium Processing. It was suspended for following situations:1) H1B Visa Extension;
2) H1b Visa Transfer to New Employer;
3) First Time H1B Visa Applicants, and;
4) OPT-Cap Gap.
Since you are a first new H1B it applied. But since it is now lifted you can use the Premium processing.I hope this clarifies. Please don't forget to rate the question with stars so that I will receive credit and payment for assisting you with your question.
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Immigration Lawyer: KLAW, Lawyer replied 8 months ago
I misread your question. Premium processing is not available for form I-539 stand alone change of status. H-4 to H1B. Premium processing has been available for form I-539 change of status when accompanying an H1B Extension or Change of Employer.I'm sorry for any confusion at first.
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Customer reply replied 8 months ago
Are you saying it available now for H1b extensions or H1b amendments?
Customer reply replied 8 months ago
My original H1b was with a different employer
Customer reply replied 8 months ago
now a different employer is willing to sponsor me
Immigration Lawyer: KLAW, Lawyer replied 8 months ago

Since you had an H1b and switched to the H4 t​he premium processing is not available unless your spouse also files, because it is still considered a stand alone from h-4 to h1B.

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Customer reply replied 8 months ago
My spouse can file an H1b amendment. Is that available for premium processing?
Customer reply replied 8 months ago
If yes, I can file my H4 EAD with it.
Immigration Lawyer: KLAW, Lawyer replied 8 months ago

Y​es, then you can file with his amendment.

I hope this further clarifies and helps. I would appreciate if you would rate my service with stars, so I will receive credit and payment for my work. I will not receive payment for assisting you today, unless you rate the question. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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Customer reply replied 8 months ago
Can you please point me to the online resource that says H1b amendments are eligible for premium processing? I am reading the latest news and it says only H1b 2018-cap subjected already filed applications are eligible for premium processing.
Immigration Lawyer: KLAW, Lawyer replied 8 months ago

here is a link to the USCIS website. https://www.uscis.gov/news/uscis-resume-h-1b-premium-processing-certain-cap-exempt-petitions

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Customer reply replied 8 months ago
This link only says that its available for non profit and educational institutions
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KLAW
KLAW, Lawyer
Category: Immigration Law
Satisfied Customers: 2,198
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