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.
