Now, let’s look at each of the processing types in detail H1B Regular Processing Time (cap-subject) Sometimes, USCIS also suspends premium processing during the start of the H1B season in April to handle the high volume and they open the same in phases. New H1B cap-subject petitions ( filed after selection in H1B Lottery).An employer can choose to file in one of these processing types when they file any of the following with USCIS. H1B Visa Processing time with USCIS varies based on the type of processing that the employer or sponsor chooses when they file the H1B petition.
I140 PROCESSING TIME HOW TO
I140 PROCESSING TIME UPGRADE
The 15-day processing time starts when the request for upgrade is received.If you are new to the H1B Visa process, you can read the below articles to get an idea of the general process, meaning of USCIS and H1B Statuses In our experience, this is not true - all I-140’s are reviewed the same way and issued an RFE if USCIS requires additional information or evidence.Ģ) An I-140 filed under regular processing can be upgraded to premium processing even after regular filing.
The employee would have several more months to acquire the letters by the time the USCIS issues an RFE.Īdditional points to keep in mind when deciding to file regular processing or premium processing:ġ) It is commonly believed that an I-140 filed under premium processing will receive additional scrutiny by USCIS. Experience letters – if there is a delay in getting the letters from previous employers. By the time the I-140 is reviewed and an RFE issued, the company would have had time to prepare and file the tax returns.ī. Financial information from the employer – if the latest tax returns are required to show ability to pay and the company has not yet filed.
To find out the current USCIS processing times, please visit:ġ) If the priority date is not current, and therefore I-140 approval doesn’t benefit the applicant in any way.Ģ) If any evidence is not available at the time the I-140 is filed, and would be available in the next few months. Typically, these are some of the reasons when an I-140 can be filed through regular processing. This would allow the I-485 to be filed faster. Please see Rajiv’s blog entry for more information:Ģ) If you would like to know the outcome of the I-140 as soon as possible.ģ) When the priority date is current and the I-485 could be approved quickly.Ĥ) When requesting priority date carry-over from a previously approved case and would have a current priority date when the new I-140 is approved. Typically, these are some of the reasons when an I-140 should be filed through premium processing:ġ) When an I-140 approval is needed to extend H-1 beyond the 6 years. If an I-140 is filed with premium processing, USCIS will issue a determination or an RFE within 15 calendar days. In addition to the regular filing fee, there is an additional $1,225.00 filing fee to upgrade to premium processing. Currently USCIS is accepting premium processing for certain I-140 categories.
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