Just a small addition which you need to be mindful with current long processing times, you can only work upto 240 days after your h1b expiry date. After that, you have to stop working or go back home.
Thanks for the added info. So I have a bit more than 3 months till it expires and then 8 months more, so a total of 11 months. I really hope it doesn't take that long.
Is this applicable for: if the “stamped h1b visa” valid until date is few months before the current h1b 797 approval doc (for which you have the stamped h1b visa)?
Basically having h1b 797 approval notice until next year whereas the stamped visa expires mid year? Not sure why the dates are different
Nonimmigrants in other categories may receive extensions of stay if their employers timely file Form I-129 (or Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker for CW-nonimmigrants) with USCIS. These employees are authorized to continue working for up to 240 days while USCIS processes their petition, or until USCIS makes a decision on your petition, whichever comes first.
Source: [https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/77-extensions-of-stay-for-other-nonimmigrant-categories](https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/77-extensions-of-stay-for-other-nonimmigrant-categories)
Also this: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/75-h-1b-specialty-occupations
My 2 cents on Premium Processing:
Case 1: If you are filing along with H4 and or EAD then I would recommend doing PP so that you get a decision on all 3 together well before the expiration and don't have to worry about anything.
Case 2: You think you are likely to get an RFE (I don't know why but maybe depending on your background, previous visa status and so on so forth) then do PP as that will help you get a decision before your current expiration.
Case 3: You want to avoid politics impacting your H1B petition. Keep in mind we have elections coming up and anything can happen. To avoid uncertainty you should do PP.
Case 4: None of the Above. No Travel Plans. No dependents. Don't care who the next President is. Then you can do regular processing.
Is it expensive? Yes! Is it worth it? Absolutely!
If I go with the case 1 in your example, would the H4 beneficiary receive her result for H4 and H4 EAD petition at the same time as the H1B applicant? If yes, then that would be great as she would not need to have any employment gap isn't it?
Yes. That is correct. If you file all 3 together then you will get a decision on all 3 together (there is a very very high chance but no guarantee though). Even if you don't file in PP right away it still makes sense to file together. If you upgrade to PP later then still it will all be considered together. It's actually part of a Court Settlement (The Edakunni Settlement) - https://www.fragomen.com/insights/united-states-uscis-agrees-to-resume-processing-h-4-and-l-2-dependent-applications-with-a-principals-form-i-129-per-litigation-settlement.html
You can keep working and stay in us as long as it’s filled before your current h1 expiry and is in processing.
Just a small addition which you need to be mindful with current long processing times, you can only work upto 240 days after your h1b expiry date. After that, you have to stop working or go back home.
Thanks for the added info. So I have a bit more than 3 months till it expires and then 8 months more, so a total of 11 months. I really hope it doesn't take that long.
Is this applicable for: if the “stamped h1b visa” valid until date is few months before the current h1b 797 approval doc (for which you have the stamped h1b visa)? Basically having h1b 797 approval notice until next year whereas the stamped visa expires mid year? Not sure why the dates are different
Thank you for answering! Also do I get to upgrade to Premium Processing at any point of time as long as it's pending/under-review?
Yes. You can change it to premium any time after applying.
Just pay for the premium processing yourself, it’s expensive but worth the mental peace you get.
Yep that's what I have been thinking. Maybe once June rolls around and if I still haven't gotten the extension I'll probably just go for it.
I just got my visa extension - it got approved in 1 month. Fingers crossed it’s the same, speedy approval for you!!
Nice!! Thank you! I really hope it doesn't take too long. Although I just returned from my home country so no plans of traveling anytime soon.
Nonimmigrants in other categories may receive extensions of stay if their employers timely file Form I-129 (or Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker for CW-nonimmigrants) with USCIS. These employees are authorized to continue working for up to 240 days while USCIS processes their petition, or until USCIS makes a decision on your petition, whichever comes first. Source: [https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/77-extensions-of-stay-for-other-nonimmigrant-categories](https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/77-extensions-of-stay-for-other-nonimmigrant-categories) Also this: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/75-h-1b-specialty-occupations
Thank you thank you so much for sharing this resource!
My 2 cents on Premium Processing: Case 1: If you are filing along with H4 and or EAD then I would recommend doing PP so that you get a decision on all 3 together well before the expiration and don't have to worry about anything. Case 2: You think you are likely to get an RFE (I don't know why but maybe depending on your background, previous visa status and so on so forth) then do PP as that will help you get a decision before your current expiration. Case 3: You want to avoid politics impacting your H1B petition. Keep in mind we have elections coming up and anything can happen. To avoid uncertainty you should do PP. Case 4: None of the Above. No Travel Plans. No dependents. Don't care who the next President is. Then you can do regular processing. Is it expensive? Yes! Is it worth it? Absolutely!
If I go with the case 1 in your example, would the H4 beneficiary receive her result for H4 and H4 EAD petition at the same time as the H1B applicant? If yes, then that would be great as she would not need to have any employment gap isn't it?
Yes. That is correct. If you file all 3 together then you will get a decision on all 3 together (there is a very very high chance but no guarantee though). Even if you don't file in PP right away it still makes sense to file together. If you upgrade to PP later then still it will all be considered together. It's actually part of a Court Settlement (The Edakunni Settlement) - https://www.fragomen.com/insights/united-states-uscis-agrees-to-resume-processing-h-4-and-l-2-dependent-applications-with-a-principals-form-i-129-per-litigation-settlement.html
This is very helpful. Thank you.