Visa Lawyer Blog
Good news for those in the Green Card process mess. Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for
alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:
Are the beneficiary of a Form I-140 petition filed in a preference category that has been
designated for premium processing service;
Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
Are only eligible for a further H-1B extension under section 104(c) of the American
Competitiveness in the Twenty-first Century Act of 2000 (AC21); and Are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.