(這裏的人99%是 EB0以上的,EB3的隻有你我,搜下"EB3"看能有多少?)
Thresholds of I-140 Premium Processing Services
Without going into the details, we would like to outline the step-by-step determination of one's eligibility for the I-140 PPS under the just released USCIS announcement. Through this analysis, people will learn that this limited PPS is to assist those H-1B foreign workers who started the green card process at the last minute and face H-1B 6-year limited within 60 days because I-140 petition has either yet to be filed or filed but pending. For instance, those H-1Bs who will receive PERM application approval from hereon which they filed only a few months back and will face the H-1B 6-year limit soon will be the most typical beneficiaries of this PPS initiatives. All those who are in 7th year, 8th year, 9th year H-1B are thrown out because they are still eligible for one-year increment H-1B extension beyond the 6-year limit. For these reasons, the number of people who will benefit from this I-140 PPS may turn out to be fairly small or limited.
Are you in H-1B status now? If no, you are out. For instance, if you traveled on Advance Parole and have not reinstated to a H-1B status, you may not be eligible for the I-140 PPS.
Are you considering filing of EB-1C Multinational Corporate Executive/Manager I-140 petition or EB-2 National Interest Waiver Petition? Such I-140 is not eligible for the PPS.
Is your priority date earlier than 365 days before reaching your H-1B six-year limit? You are eligible for the one-year increment H-1B extension under a different section of AC 21, Section 106(a) and you are not eligible for the PPS now.
Were you in L-1 visa status and changed to H-1B and you filed the labor certification at least 365 days before you reached 5 years combining H-1B time and L-1 time? You may not be eligible for the PPS as for the purpose of determination of H-1B six-year limit, the time in L-1 status is counted as part of the H-1B maximum limit. You are not eligible because you will be eligible for one-year increment H-1B extension under AC 21 Section 106(a).
If you meet the H-1B status requirement and ineligibility for one-year H-1B extension under Section 106(a), but have more than 60 days remaining to reach your H-1B six-year limit, you are not eligible for PPS at this time. You will have to wait until the time when you reach H-1B six-year limit in 60 days to file the PPS. Caveat, though. If such waiting will make you eligible for 106(a) one-year increment H-1B extension, you will not be eligible for the PPS.
If you meet all of the foregoing requirement, you can file I-140 petition along with the PPS (I-907). If your I-140 petition has been pending, you can file I-907 requesting PPS for the pending I-140 petition.
Please pay attention to the USCIS requirement for three types of documents:
Current I-94: To prove the H-1B status
All the previous I-94 and I-797 H-1 and L-1 approval notices: To determine the total H-1B time in the U.S., probably excluding the time outside of the U.S.
Labor certification approval letter of DOL: To determine the priority date (filing date of the labor certification application) to calculate 365 days relating to the H-1B six-year limit.