回複:USCIS文件(關於60天)找著了.你屬於60天特例,可以PP

來源: 2014-03-18 11:39:41 [博客] [舊帖] [給我悄悄話] 本文已被閱讀:

Here is an article from an immigration lawyer who has different interpretation about the USCIS document you cited:
http://www.hooyou.com/news/news030109uscis.html

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With the expansion, I-140 premium processing services will be extended to cases that meet the following conditions:

  1.  The I-140 is being or has been filed based on an EB-2 or EB-3 labor certification, and
  2. The alien beneficiary will reach the six year H-1B limitation within 60 days, or the alien has reached six year H-1B limitation; and
  3. The alien beneficiary is NOT eligible for a one year H-1B extension based on an immigration case that is filed 365 days before the expiration of the H-1B six years limitation under AC 21 Section 106(a); and
  4. The alien is only eligible for a further H-1B extension upon approval of his or her I-140 petition under AC21 Section 104(c); and
  5. An immigrant visa number is not available for the alien beneficiary due to visa number retrogression. 

    Since immigration visas are immediately available in the EB-1 category, it does not qualify for AC 21 Section 104(c) and therefore, does not qualify for the premium processing.  Nor do EB-2 NIW petition qualify for premium processing as USCIS has clearly excluded NIWs in the new announcement.  NIW has never been included in premium processing service.  However, EB-1 beneficiary, if not be able to extend H-1B, may file I-485 concurrently with I-140 and obtain Work Permit and legally resides in the US as the visa number is immediately available,  

  6. ................
 

 
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