I have valid H1B till 3-Mar-19. Due to role change I had to file Amendment in Jul’18 and that is still pending with USCIS. Recently I got I140 approval.
My company has filled for H1B extension last week, I also applied for H4 and H4 EAD at the same time.
Please clarify below questions.
- If premium processing resume on 19-Feb-19, Can I convert my extension to premium? What are the chances of getting approval as amendment is still pending.
- If I convert H1 extension to premium what are the chances of H4 extension and H4 EAD also processing in premium?
Convert H1B to Premium
You can convert your H1B pending application to premium if USCIS opens up the Premium Processing on Feb 20, 2019.
At this time, the expectation is that they will open.
The chances H1B extension are same as you would file without any pending application.
Approval of H1B, H4 and H4 EAD in Premium
The chances of approval for all three in premium (when you upgrade) are 90%.
But, it really depends on USCIS if they extend this courtesy for H4 and H4 EAD.
Thank you Anil for quick response.
So existing amendment will not influence /impact on new extension decision, Correct?
If they don’t convert H4 and H4 EAD to premium, how long it would take to process? Please confirm.
All these are possible:
- H1B extension is approved before H1B Amendment.
- H1 amendment is approved before H1B Extension.
- H1B Amendment is denied and H1B extension is approved.
Cannot guess what USCIS will do. I have seen all three results happening.
We track Current H4 and H4 EAD processing here daily:
I am planning to just upgrade H1 extension only not amendment, In that case Amendment will not be approved before extension, right?
If extension get approved I will be on safe side irrespective of amendment status,right?
Please share your suggestion based on your experience? Shall I convert to premium or just leave with normal processing.
There is no ‘Safety’ as such.
It is possible that H1B extension is denied or receives RFE even after its approval. USCIS can first approved extension and then move it back to RFE or deny it if they deny H1B Amendment.
So, there is no guarantee that what you are thinking will work out the way you think.
See this real life case:
I completely understand Anil, In my case Employer, Client and location are same for both amendment and extension. Amendment was filed just for role change.
So better to wait until amendment decision come out, based on that I should proceed,right?
I would suggest to still file for premium if you can, for extension.
or talk to your attorney and then plan.
Sure Anil, thanks for your time and response.
My Amendment got approved last week. I filled the extension for same role,location and client.
I have masters degree in computers.
Can you please confirm chances of getting approval if I convert my extension to premium on 20th Feb.
Congratulations on H1B amendment approval. It does give a big relief after waiting for so long!
The chances of extension approval are high given that amendment has been approved.
The approval or denial does not depend on ‘premium’ vs ‘regular’ processing.
Thank you Anil, Yes I got a big relief and gave me positive hope on extension also.
The reason for asking the question is, When we convert to premium USCIS issue RFE to buy out extra time, is that a wrong assumption?
That’s a wrong assumption and is a baseless rumor.
Do not believe in it.
On the contrary, I always suggest to go for premium and get peace of mind by getting result earlier.
If USCIS has to issue an RFE, they will issue it irrespective of ‘premium’ or ‘regular’ application.
If you do get RFE, you suffer more in regular processing than in premium.