Timelines, Premium Processing, 240-day Rule & H-1B Portability

Timelines

The date that your employee can begin working depends on many factors, including the benefit being requested, the time of year, caseload at USCIS as well as the responsiveness of the department and the applicant. If the foreign national must obtain a visa, timelines might be skewed further, especially if the applicant is subjected to a background check.

Departments should start the relevant request process as soon as possible, i.e. as soon as a decision has been made on the hire or continued employment of a foreign national. In many cases, ISSS can submit an immigration benefit request almost six months prior to the requested start date.

Often the longest period of time in an application process for an immigration benefit is the time USCIS needs to adjudicate a petition. For example, USCIS’s target timeframe for adjudicating H-1B petitions is 2-3 months. However, this timeframe is not guaranteed and is often exceeded by significant margins. For current processing times, please refer to the USCIS website. (For H-1B processing times, select "I-129" as the form type and "California Service Center" under Field Office or Service Center.)

Premium Processing

For most of the common types of applications it is possible to request Premium Processing. Petitions that are filed under Premium Processing are expedited by USCIS and are considered within 15 business days of receipt by USCIS. The governmental filing fee for this service is $2,805 over and above the standard filing fees. This fee must be paid by the employer, unless the request for expedited processing comes from the foreign national and is NOT related to his or her employment (such as traveling outside the US for a wedding). Note that it is possible to upgrade to Premium Processing after a case has been filed with USCIS.

Under the premium processing program, USCIS guarantees that within 15 business days it will issue either an approval notice, a notice of intent to deny, a request for evidence (RFE), or a notice of investigation for fraud or misrepresentation. In addition to expedited processing, companies that participate in the program may use a dedicated e-mail address to check on the status of their petition or ask any other questions concerning their petition.

Only the Temple University Office of International Student and Scholar Services can apply for this service. We will complete Form I-907 (Request for Premium Processing) and attach a check or a G-1450 Form for $2805. The fee should be paid by a separate check / G-1450 Form; it may not be combined with the regular processing fee.

Canadian Citizens Do Not Need a US Visa Stamp

Change of Status v. Consular Processing

There are generally two ways that an individual may go about obtaining H-1B status: through a change of visa status within the U.S. or through Consular Notification outside of the U.S. In both cases, the department must submit an H-1B application in DestinyOne.

The first method to obtain H-1B status is known as a change of status petition. Generally, individuals in the U.S. who have filed a timely application for change of status to H-1B or have filed an application for extension of stay can remain in the U.S. while their application is pending with USCIS. This option is only available to individuals who have been maintaining a valid nonimmigrant status through the filing of the application. It is essential that the applicant remain in the U.S. while the change of status petition is pending with USCIS or it will be denied.

The second method is referred to as Consular Notification. If the scholar is abroad or has travel plans to go abroad, that individual may apply for an H-1B visa at a U.S. Embassy or Consulate after the H-1B petition is approved by USCIS. The visa stamp from the U.S. Embassy or Consulate is required for that individual to enter the U.S. in H-1B visa status.

240-day Rule & H-1B Portability: Extensions, Transfers and Amendments

Extension H-1B Petition
Provided USCIS receives the H-1B Extension Petition prior to the employee's current H-1B Approval Notice End Date, the H-1B may work for 240 days beyond the expiration date on the current Approval Notice. Travel outside the US may be complicated during this waiting period. Contact ISSS for further information as Premium Processing may be necessary.

Amendment H-1B Petition
The employee may not begin working in the new position until USCIS receives our H-1B Amendment petition. Contact HR/Payroll Management for more information once H petition is submitted. Premium Processing is likely needed if H-1B must travel outside the US while the petition is pending with USCIS.

Transfer H-1B Petition
The employee may not begin working with Temple University until USCIS receives our petition. Contact HR/Payroll Management for more information once H petition is submitted. Travel outside the US may be complicated during this waiting period. Contact ISSS for further information as Premium Processing may be necessary

International Studentand Scholar Services

Timelines

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International Student
and Scholar Services

Go back to Faculty, Staff and Researchers More in H-1B Application Process