June 14, H1BLog.com
Following post, is based on several websites. How ever, it does not add up. One poster objected that I-140 is not the main issue, its I485, adjustment of status.
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The USCIS will be offering premium processing of green card applications from employers who want to sponsor H1B visa holders nearing the end of their six-year limit.
Two days from now, June 16, the US Citizenship and Immigration Services will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of the alien workers whose six-month stay allowed under H1B visa will expire within 60 days.
How Do I Use the Premium Processing Service?
Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.
The service is limited for Form I-140 petitions that are filed on behalf of aliens under certain conditions, including that their sixth year will end within 60 days and who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of AC21.
Section 104(c) of AC21 permits certain applicants to extend their stay in H-1B non-immigrant status beyond the six-year bar in increments of up to three years, under certain conditions.
