H1B cap exempt application approved in 2017 with initial H1B in 2008

Hi Anil,

Please advise on my situation.

Spent 4 years on H1B in USA - 2008 to 2012

I came to US on Nov 2008 and stayed here until 2012 January. I was not given visa because of EVC model at the time of interview and since then i’m working in India(2012 - till date).

H1B cap exempt application approved in 2017 for 1 year

i have applied on cap exemption in 2017 under premium processing and got approved for 1 year (Oct 27 2017-Oct 26 2018).

H1B cap exempt 1 year stamping approved

I went to embassy on Oct 12th 2018 and it got approved, i came to US on 22nd Oct 2018 and I94 given until Nov 5 2018.

Please help me to understand how to proceed further:

  1. Am i eligible for premium processing?
  2. If not how long it will take for normal processing to be approved because i was on medical leave for 2 months from my current organization (India).

Any help will be much appreciated.


H1B premium processing eligibility after premium proc suspension

Eligibility for Premium depends on which service center your application will go to.

Check your receipt number and see if it is Nebraska.
If it is, then you can file H1B extension application with ‘No change’ from previous application and get it in premium.

I am not sure about how your ‘medical leave’ is related to H1B processing time? Can you elaborate on what you are asking?
We track regular H1B processing time daily here:

Thank you Anil for quick response.

I see in my I797 as Vermont Service Centre. I had a discussion with my employer and they said we can file to Nebraska not sure how they will doing.

I didn’t gave my resignation to the company which I’m working now. I’m in perception that extention process will complete in 2 months so that I can fly back to India and finish my notice period. So I just took 2 months medical leave and came to US.

ok. I understand your situation now.

H1B Premium processing only takes 15 calendar days straight if there are no RFEs.

One more point to note:
Since you got your old H1B renewed with cap exemption, how many years are left in total H1B time in US out of 6 years?
You will not be able to extend after H1B 6th year without PERM or approved i140.

Out of 6 years I was in US for only 3.3years. Please let me know if I’m eligible for for premium processing.

As i already said, premium processing at this time is dependent on service center.
Read more here:

If your application goes to Vermont, you are not eligible for premium processing at this time.

Apologies for asking same query multiple times. My current I797 is
VSC. As per discussion with my HR they are going to apply to Nebraska with PP.

I just came 2 days back to US and I’m with same company. Not deployed in any project.

If they are saying they can file with Nebraska and with ‘no change’ from previous H1B application, then you are eligible for premium.

Now, I can’t really judge if your application has any change or not without having enough information.