tacobell fan Posted March 19, 2019 Report Posted March 19, 2019 03/19/2019: USCIS Announcement of FY 2020 H-1B Cap Season and Two Tier Acceptance of Premium Processing Requests During the Cap Season Premium Processing Request: Tier One: Change of Status Cap Cases only from 04/01/2019. Accordingly, those nonimmigrants who are in the United States in nonimmigrant status other than H-1B can file H-1B cap petitions with Premium Processing Request from 04/01/2019 to 04/05/2019. For this cases, I-907 application must be filed "concurrently" with the H-1B cap I-129 petitions. This practically means that for H-1B cap cases for change of status within the United States, the employers must file I-907 concurently from April 1 to April 5 only. They will not accept I-907 which is filed separately. Remember that the Premium Processing Requests will not be processed immediately, but processed before 05/20/2010. All other H-1B cap petitions: Premium processing for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 2019. Cap-subject petitioners not requesting a change of status may not submit their premium processing request concurrently with their H-1B petition. These petitioners will be eligible to upgrade to premium processing by filing Form I-907 once premium processing begins for this group. USCIS will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status. One interesting consequence will be that employers filing for the cap cases for change of nonimmigrant status will lose $1,410 premium processing filing fees since they will have to pay the fee with concurrentl filing of I-129 and I-907 together, while employers filing for other cap cases may not lose $1,410 at the time of filing because for them, only upgrading of premium processing will be available, implying that unless they are selected in the lottery, they do not have to pay premium processing fees! Ain't it interesting?!? U.S. Master Degree H-1B Cap Applicants whose OPT and EAD will expire and will have to stay and work, pending the decision of the H-1B cap petitions, should give some thoughts on the benefits and disadvantes of USCIS giving the Premium Processing Opportunity earlier than others under the Tire One group above. Not only the employers will have to pay $1,410 additional expenses for premium processing regardlesss of whether their cases are selected in the lottery, but one potential negative impact, should their cases are selected but denied early and they fall into out of status very quickly after 60 days, and their unlawful presence will staart accrue quickly under the new regulation of F,M,J Accrual of Unlawful Presence regulation. Accordingly, their employers and their lawyers should carefully review their cases before their employers quickly file premium processing request. Those whose OPT and EAD are not scheduled to expire beyond October 2019 may not face such challenges. For all other information on FY 2020 cap filing, please visit FY 2020 H-1B Cap Season Page. Alert!!! All H-1B cap cases must be filed begining from April 1 (Monday) to April 5 (Friday) because the cap limit will reach within five days!! source : http://www.immigration-law.com 1 Quote
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