Visa Lawyer Blog
Good news for H-1B FY 2020 applicants requesting a change of status. Premium processing services will be offered for applicants filing an H-1B petition in the April 2019 lottery who are requesting a change of status.
Premium processing will be offered in a two-phased approach during the FY 2020 cap season, so that USCIS does not end up having to suspend the use of this service as it has in previous years.
The first phase will include FY 2020 cap-subject H-1B petitions requesting a change of status, and the second phase will include all other FY 2020 cap-subject petitions.
What should you know?
Starting April 1, H-1B FY 2020 cap-subject petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.
However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.
USCIS will begin premium processing for these petitions no later than May 20, 2019, and will notify the public before premium processing begins for these petitions.
If a petitioner does not file Form I-907 concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status, the petitioner must wait until premium processing begins to submit Form I-907.
Until premium processing begins for these petitions, USCIS will reject any Form I-907 that is not filed concurrently with a cap-subject Form I-129. Petitioners must appropriately select response “b” for Item 4 in Part 2 of Form I-129 to be eligible to concurrently file Form I-907.
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.