H1B Extension premium processing - Move case from California to Nebraska service center?

Hi - My I94 expired on 10th June 2018 and My case was submitted to USCIS California center in regular processing on 4th May 2018. 8 month cut off for my case is - 05 Feb 2019.

I would like to know if there is any way I can file for premium processing at Nebraska service center and request USCIS to ignore the case sent to California?

I have no change in employer ,title and roles/responsibilities.

Thank you in advance.

No, you cannot decide the service center yourself or apply for change of service center.
USCIS takes the decision to move applications internally as and when they want.

I have heard that USCIS is indeed moving applications based on center’s work load.

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Anil -

Thank you so much for the prompt response.

If my case is still pending with USCIS by Feb 5th 2019 - What will be my options?

I know, i will not be able to work but can I stay in the country during that period without any issues and file for premium processing on 19th Feb?

Will this be considered as “Unlawful presence”? Please let me know.

Thank you

You cannot work after Feb 5, 2019 if your H1B extension is still pending at that time but can stay in the country.

Your status will still be ‘Period of Authorized stay’ and not ‘unlawful presence’.

Yes, you can file Premium processing as and when it becomes available.

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Thank you so much Anil. Really appreciate the great work you have been doing in this forum :slight_smile:

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You are welcome. Let me know if you need more information.

Hi Anil,

Unfortunately I have received RFE for my H1B extension on 26th Nov 2018. As informed you earlier, my 240 day cut off is 5th Feb 2019.

I am planning to stay on LOP after the cut off and apply for premium processing on 19th Feb if my case is still pending with USCIS by then.

If my case gets denied - Let’s say in - March 2nd week - Will USCIS issue NTA?

Is it better to leave before 240 day cut off even if the case is still pending with USCIS?

Also - I have filed I539 for my wife’s H4 extension along with my H1B. Can she stay with me after 240 day cut off?

Or she need to leave before?

Please let me know. Thanks in advance for your help.

H1B RFE reason?

Do you know what documents have they asked in your RFE?

Stay in USA after 240 days

No need to leave country after 240 day mark. You can stay if you want to.

Many Employer also file another extension before 240 day mark to let the employee keep working even after 240 days. You will have to talk to your employer and attorney if they want to do it.

H1B denial NTA

At this time, USCIS has not yet started implementation of NTA for H1B. So, you are safe.

H4 dependent

Yes, H4 dependent can also stay with you after 240 days.

Thanks so much for your response Anil. My employer is yet to share the details about RFE with me.

I am not clear on the “another extension” you are referring to. How is it possible to file another extension when the current one is in RFE status? Please clarify. Thank you

Many attorneys do file another extension if you are about to reach 240 day mark.
Talk to your Employer and attorney. They know the tricks.

ok. Thank you Anil…

Hi Anil, In case if H1B extension is denied, How soon I can re-apply after going to India? Will my petition comes under new quota or I can extend based on my I140 approval? I am already into my 7th year of H1B here. Please clarify. Thank you

You can apply anytime using your approved i140.
No need to go through quota again.

great! thank you so much

Hi Anil, Unfortunately my visa was denied - My company informed me on March 1st and asked me to leave the country in a week.

I would like to know if any of the period I stayed between my I94 expiration date (10 June 2018) and H1B Visa denial date (March 1st 2019) is considered “Unlawful presence”?

I have received a letter from USCIS for my wife’s I-539 application where it mentioned that

Under section 212 (a)(9)(B) if the Immigration and Nationality act, an alien who accrues more than 180 days of unlawful presence in the United States, and then departs, is inadmissible to the United States for a period of either 3 or 10 years. You may remain in the current non-immigrant status until the expiration date indicated on your Form I94. However, if the date listed on your Form-I94 has already passed, this notice of decision may leave you without lawful immigration status and you may be present in the United States in violation of the law.

I got really worried seeing this, My employer did not mention anything about unlawful presence to me. Could you please provide your thoughts on this matter?

Thanks for your time.

H1B Denied

Sorry to hear that.

Something is seriously wrong with USCIS. Yours is the 10th H1B denial that i have heard today.
Looks like USCIS is on a roll this week to just deny applications.

Period between i94 expiry and H1B denial is legal

There is no need to worry as your time period between your i94 expiry and your H1B denial is considered as 'Period of Authorized Stay’.

Your unlawful presence starts March 2, 2019 i.e. immediately after denial.

My suggestion is to leave USA within 10-15 days now.

Thanks for the prompt response Anil. Does the same apply to my wife as well? Please confirm. I am worried looking at the response I received today for her I-539 application. Thanks again.

Your wife is on H4 or H1B?

She is on H4. The quoted response I mentioned below is from her I-539 response.

Under section 212 (a)(9)(B) if the Immigration and Nationality act, an alien who accrues more than 180 days of unlawful presence in the United States, and then departs, is inadmissible to the United States for a period of either 3 or 10 years. You may remain in the current non-immigrant status until the expiration date indicated on your Form I94. However, if the date listed on your Form-I94 has already passed, this notice of decision may leave you without lawful immigration status and you may be present in the United States in violation of the law.

The rule is same for both H1B and H4.

Also, H4 status is lost automatically as soon as H1B status is lost.