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


(K R I S H) #1

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.

(Anil Gupta) #2

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.

(K R I S H) #3

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

(Anil Gupta) #4

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.

(K R I S H) #5

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

(Anil Gupta) #6

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

(K R I S H) #7

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.

(Anil Gupta) #8

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.

(K R I S H) #9

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

(Anil Gupta) #10

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.

(K R I S H) #11

ok. Thank you Anil…

(K R I S H) #12

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

(Anil Gupta) #13

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

(K R I S H) #14

great! thank you so much