Im already here in the US. Got my h1b back in 2009. After 2 years working, got laid off and trasferred to h4 (with my spouse holding h1b). After almost 2 years unemployed, an employer is sponsoring my h1b transfer. How long will premium processing take from the time of filing to grant. Can I leave the US before completion of such processing?
It takes 15 days, and you can not leave the U.S. while the case is pending.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
15 days for USCIS to do something, which is usually an RFE. If you leave the US before USCIS adjudicates the change of status, you will abandon the change of status portion of the case.
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
No travel allowed if it is a COS application.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.