March 2, 2009
Effective today, I-140 beneficiaries who are no longer in H-1B status (e.g., abroad or in a nonimmigrant status other than H-1B) can also premium process their I-140. Previously, I-140 premium processing was only available to beneficiaries who were still in the U.S. in H-1B status.
Thus, effective immediately, I-140s can be premium processed if, as of the date of filing, the beneficiary:
Is the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;
Has reached the sixth-year statutory limitation of H-1B stay, or will reach the end of the sixth year of H-1B stay within 60 days of filing;
Is 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
Is ineligible to extend H-1B status under section 106(a) of AC21.