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Premium Processing Service is an optional premium service offered by the United States Citizenship and Immigration Services to individuals and/or employers filing Form I-129 (Petition for a Nonimmigrant Worker), Form I-140 (Immigrant Petition for Alien Worker), Form I-539 (Application to Extend/Change Nonimmigrant Status- currently available to those applying for F, M or J status only) or Form ...
USCIS guarantees a response within 15 calendar days, or the $2,500 will be refunded (and the case will continue to receive premium treatment.) Although the H-1B1 transfer of status processed in the same pool as other H1B I-129 change-of-status or extension of stay applications, it is ineligible for Premium Processing. Cap-Gap Extension
The H-1B is a foreign worker visa in the United States that allows U.S. employers to hire foreign workers in so-called specialty occupations. The regulation and implementation of the visa program is carried out by the United States Citizenship and Immigration Services (USCIS) within the United States Department of Homeland Security (DHS).
A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services to a petitioner about a previously approved petition, telling him or her that the USCIS intends to revoke the petition, along with the reasons for revocation, and giving the petitioner a fixed amount of time to respond. [1]
For those entering in a nonimmigrant visa status, the admission details are recorded by the CBP officer on a Form I-94 (or Form I-94W for nationals of the Visa Waiver Program countries for short visits), which serves as the official document authorizing the stay in the United States in a particular status and for a particular period of time. [7]
The first 20,000 H-1B beneficiaries who have earned a master's degree or higher from a U.S. institution of higher education are not subject to the annual congressionally mandated H-1B visa cap of 65,000. After those 20,000 slots are filled, USCIS is required to count thosecases against the cap for the remainder of the fiscal year. [5]
The USCIS says that if it has not reached a decision on the Form I-539 by the expiration date of the Form I-94, the applicant is no longer in authorized status. However, removal proceedings are unlikely to be initiated against the applicant and, if they are, then the pending Form I-539 can be used as a mitigating factor against the removal.
These demonstrations need to be made directly to the consulate rather than having to first go through USCIS. [2] [4] All the other usual requirements needed to obtain a nonimmigrant visa continue to apply, namely strong home times (to overcome the Section 214(b) ground of denial) and not satisfying any of the grounds of inadmissibility.