USCIS Suspends H-1B Extension of Stay

There has been an official announcement that beginning on May 26, 2015, USCIS will begin to temporarily suspend all premium processing for H-1B Extension of Stay petitions until August 27, 2015 at the earliest. A primary motivating factor for this decision is to allow UCIS to implement the pending H-4 EAD rule within a reasonable timeline.

Suspension is Temporary

There will be certain changes during this time frame that the public should be aware of. Most importantly, petitioners will not be permitted to file Form I-907, Request for Premium Processing Service in order to receive a Form I-129 Petition for a Nonimmigrant Worker which requests an extension of stay for individuals currently holding H-1B status.

USCIS Makes Refunds Available

USICS has included certain provisions for refunds for fees paid for premium processing. Refunds will be awarded if:

  • A petitioner has filed an H-1B petition prior to May 26, 2015 and used the premium processing service; and
  • USCIS did not act on the case during the 15 calendar-day period.

Premium Processing Still Available for All Other H-1B Petitions

It is important to remember that premium processing services remain available for all other Form I-129 H-1B petitions, this includes petitions that are subject to the H-1B cap and are requesting changes to nonimmigrant status or consular notifications.

More Information to Follow

It is important to remember that this suspension is temporary and aimed at assisting the implementation of the H-4 EAD rule. However, this decision could effect certain individuals pursuing or maintaining H-1B status. For more information on how this recent decision could effect you or for assistance managing your H-1B case, call Pride Immigration Law Firm PLLC or tell us about your case online. We are ready to provide you with any assistance that is needed.

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Beeraj Patel, Esq.

Partner at KPPB Law
Beeraj Patel's philosophy is simple - make it easy for talented and ambitious individuals to have access to immigration materials so that they can make the choice which is right for them.

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