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DOL says only the employer can pay the Premium Processing fee. USCIS says the beneficiary can pay the Premium Processing fee. However if the beneficiary pays the Premium Processing fee for the H1B Visa and it does not reduce his/her effective wage below the prevailing wage indicated on the LCA it should be fine.
You may file your request for Premium Processing Service with the eligible petition or application. USCIS will refund the Premium Processing Service fee (but continue to process the case) if we do not take action on the related case within 15 calendar days of receiving a properly filed Form I-907.
How long it takes for I-140 premium processing?
1-15 days
i140 processing time is 3 – 12 months. Premium processing i140 is taking 1-15 days for approval. Texas service center is approving i140 applications for green card faster than USCIS at Nebraska.
Does premium processing increase chances of H1B?
Applying H1B in premium does not increase your chances of H1B RFE or denial. The possibility of H1B approval is the same in regular vs premium application.
Can employees pay h1b fees?
Therefore, an H-1B employer cannot require that an employee pay for or reimburse the employer for attorney fees associated with the preparation and filing of an H-1B. If the employee is the party requesting premium processing for his or her own benefit, then the employee may pay for premium processing.
Can i485 be approved before I-140?
You can wait for USCIS to approve your I-140 petition before filing your I-485 application.
Can i485 be approved before i140?
What is the RFE response time for premium processing?
15 days
Premium RFE is 15 days. 60-90 days to submit RFE Response, Premium Clock re-starts on response submission. The average RFE response processing time is 90 days. RFE premium processing time is 15 Days to virtually no time limit for regular applications.
Does Premium Processing increase chances of H1B?
Can I work with approved I-140?
As long as an approved I-140 remains valid, the employee may use it with any (including a new) employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. For this, the I-140 must remain valid until the H1B petition approval.
How long does i140 RFE take?
Allow 7 to 10 days to receive the RFE; if not received within 10 days, attorneys should submit a liaison assistance request through InfoNet. NOTE: the USCIS email notification system limits the number of petitions that can receive the service.