H1B visa upgradation from Regular to Premium

[pams2015]

Hi,

My employer has applied for my H1B visa under cap exemption under regular processing. I have already received the reciept from USCIS, following are its details.

Receipt Date - 9 April 2015
Notice Date - 13 Aprl 2015
Priority Date - NIL

On 20th April 2015, it has benn upgraded from regular to premium. Following are my queries regarding it, please respond.

1. What does Priority Date indicate?
2. Where I could check on the USCIS site that my request has been upgraded from regular to premium?
3. In case of premium, by when I could expect decision from USCIS in case of no RFE.

Expecting sooner response. Thanks.

[raghvi]

Hi,

My employer has applied for my H1B visa under cap exemption under regular processing. I have already received the reciept from USCIS, following are its details.

Receipt Date - 9 April 2015
Notice Date - 13 Aprl 2015
Priority Date - NIL

On 20th April 2015, it has benn upgraded from regular to premium. Following are my queries regarding it, please respond.

1. What does Priority Date indicate?
2. Where I could check on the USCIS site that my request has been upgraded from regular to premium?
3. In case of premium, by when I could expect decision from USCIS in case of no RFE.

Expecting sooner response. Thanks.

1. Priority dates are for Immigrant petitions for Permanent Workers/Stay (Employment based, family based etc) . H1 is a non immigrant petition for a temporary worker hence not relevant for you.
2. https://egov.uscis.gov/casestatus/landing.do
3. I would say by May 1st week.

This is my opinion not legal advice.

[pams2015]

Thanks for your response

[pams2015]

I had an additional query. My H1B has been filed under Cap Exemption, so once the petition is approved would the H1B start date be considered either for scheduling the visa interview or flying to US.

[raghvi]

Once it is approved, your employer would get a I797 with a start date on it. The petition start date on this is the date on which you can start working in US. If you already have a valid US visa in the passport, you can go to US immediately, but if you dont have a valid visa in the passport, using the I797 you have to first schedule fingerprint and visa interview appointment at a US consulate and get yourself a stamped visa.

This is my opinion not legal advice.

[pams2015]

Thanks for your response. .This is of great help.....