Form I-539 News

In the past when an I-539 was filed simultaneously with an H-1B petition that requested premium processing, USCIS as a courtesy would typically adjudicate the I-539 in about 15 days as well.  However, because of the new biometrics requirement for all I‑539 applicants, USCIS has discontinued this practice. Currently, USCIS processing time for an I-539 is 3-8 months, depending upon where the case is filed.  In some cases, it may be strategically advantageous to consular process for a new H-4 visa as opposed to filing the I-539.  Discuss what is best in your situation with the attorney.

I-94 RECORD UPDATE

Beginning in May 2019, I-94 numbers will be alphanumeric. Currently, I-94 numbers are 11 digits long and only contain numbers.  I-94 numbers will remain at 11 characters but will follow the format of 9 digits, followed by a letter in the 10th position, and a digit in the 11th position.

FY2020 H-1B CAP News Update

On May 20, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker.  So, if you have already received an electronic receipt for your H-1B petition, the 15-day clock will not begin until 5/20/2019.

 

Employers who did not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status must wait until premium processing begins on May 20 to submit Form I-907.

FY2020 H-1B CAP UPDATE

On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020.

USCIS received 201,011 H-1B petitions during the filing period.

Information on Premium Processing for FY2020 H-1B cap cases

Premium processing will be offered in a two-phased approach during the FY 2020 cap season so USCIS can best manage the premium processing requests without fully suspending it as 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.