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Premium Processing or Problem Buying

You need to travel home for your sister’s wedding. Your I-94 has expired a month ago and your H-1B extension is still pending. Your drivers license needs to be renewed.

The solution to all your problems seems to be this one fix i.e. upgrade your H-1B petition to premium processing.

An employee in H-1B status can work for 240 days for a transferring employer or extension under the same employer after expiration of I-94.

All petitions are subject to equal standards of adjudication, but applications filed or upgraded to premium processing seem to be adjudicated by senior officers who are well versed with the employee-vendor-implementation partner-client model of IT consulting.

Specialty Occupation, educational qualifications issues for non-computer science degrees, inconsistencies in paystubs, employer employee relationship, non-disclosure of master service agreement and purchase order between end client and implementation partner, inconsistencies in pay stubs, CPT-OPT issues seem to be more prevalent in petitions filed or upgraded to premium processing.

Premium processing should be used as the very last resort and not for convenience or that the petition is taking too long to be adjudicated. It is usually paying a premium fee to get a premium RFE with the above mentioned issued which will take almost three months to resolve instead of getting a decision in 15 days.

Many smaller IT consulting companies do not have the knowledge to deal with boilerplate RFE’s on specialty occupation, employer employee relationship, work experience and educational qualifications for H-1B employees.

We request H-1B employees who are subject to an imminent layoff to send their resume to info@immigrationadvice.com and we will help them find a new employer who can sponsor them.

Press note released by: Indian Clicks, LLC

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Tags: Immigration