What classification i fall into if my h1b and i-94 expired , out of USA and a new employer is filing an h1b petition

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Question

What classification i fall into if my h1b and i-94 expired , out of USA and a new employer is filing an h1b petition

Anonymous May 21, 2015 Immigration 4 views 3 answers

Hello, In the recent news from USCIS that they are suspending premium processing for h1b extensions temporarily, please suggest if my below case qualifies for a premium processing or not : 1) Initial 3 years on H1b expired on 31st Sept 2014 2) I-94 expired pn 10th Oct 2014 3) Currently outside US as i dont hold any valid US Visa. 4) A new employer is ready to hire me and file a new H1b petition for me , ofcourse in 'Counsler Processing' as i still have more than 2 years left on alloted 6 years of initial H1b Can this case be filed and treated in 'Premium Processing' by USCIS ? Thanks and Regards,

Tripti Sharma · Answer 1 · 2026-06-15T14:43:19+00:00

Tripti Sharma

Tripti Sharma · Jun 15, 2026

What is the attorney representing the company have say about it?

0 upvotes

Adan Vega · Answer 2 · 2026-06-15T14:43:19+00:00

The FORM I-129H can still be filed under premium processing. However, the 15 day statutory period to process and adjudicate the case will end during the moratorium. This is a question that you need to direct to your current immigration attorney or USCIS directly.

Donald Smith · Answer 3 · 2026-06-15T14:43:19+00:00

Premium processing remains available for all other Form I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification. http://www.uscis.gov/forms/how-do-i-use-premium-processing-service Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.

What classification i fall into if my h1b and i-94 expired , out of USA and a new employer is filing an h1b petition

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