L1-B Visa extension in premium processing

[shlok82]

Hi All,

My question is regarding L1-B Visa premium processing fee.

- My employer is planning to file my visa extension for next 2 years, but he is not ready to file my extension in premium process. My question is can I pay processing fee from my pocket if my employer is not ready to pay that fee? it's legal as per US law

Please reply ASAP, thanks in advance

[raghvi]

Hi All,

My question is regarding L1-B Visa premium processing fee.

- My employer is planning to file my visa extension for next 2 years, but he is not ready to file my extension in premium process. My question is can I pay processing fee from my pocket if my employer is not ready to pay that fee? it's legal as per US law

Please reply ASAP, thanks in advance

Its employer's petition so they decide whether they want to file premium or not.

Any particular reason why you would want premium over non premium?

This is my opinion not legal advice.

[shlok82]

Its employer's petition so they decide whether they want to file premium or not.

Any particular reason why you would want premium over non premium?

This is my opinion not legal advice.

[QUOTE Thanks a lot raghvi for quick reply
Please refer below reasons which cause I am more interested to file my visa extension in premium process

- If I get negative result or RFE (which according to what I have read is common for L1 extensions) for my visa extension then we will at least have enough time to work out on other options.

- I can consider moving on to L2 visa through which I can still be employed with my current company. (Please note my wife is also working on L1-B visa valid till 2016,so I have this option but the process of moving from L1 to L2 takes 3-4 months and moreover I cannot be out of status between this duration)


- Please note my current L1-B visa is valid till Nov-30-2014 and my company will starts the extension process in March.[/QUOTE]

[raghvi]

Well your reasons appear genuine for seeking a premium processing but again as I said its employer's petition and if they don't want premium they can decide not to file it in premium. You can certainly discuss with them and put forward your thoughts to them.

This is my opinion not legal advice.

[shlok82]

Well your reasons appear genuine for seeking a premium processing but again as I said its employer's petition and if they don't want premium they can decide not to file it in premium. You can certainly discuss with them and put forward your thoughts to them.

This is my opinion not legal advice.

"Thanks raghvi,

Yes I understand its employer's petition; but in case if my employer is not ready to pay premium fee. But if he is agree only if I’ll pay from my packets; so in this case can I eligible to pay premium fee? It’s legal as per US law? I am working in big consulting company and they never do such thing which is not legal as per immigrations law.

If I am working with any desi consultant than it’s very easy to pay from my pocket (like several H1 visa cases where employee pay his visa fee)

So I just wanted to know here that it’s really legal if employee pay premium process fee so I can easily force my employer to file my visa in premium process

Please let me know if you need any other details for the same. Awaiting your reply"

[raghvi]

Can the beneficiary of a visa petition seek Premium Processing Service?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the petitioner, may request Premium Processing Service for a designated petition. The petitioner, attorney or representative, or beneficiary may pay the Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907.

So as per this you can pay for it but you cannot sign on form I-907

This is my opinion not legal advice.

[shlok82]

Can the beneficiary of a visa petition seek Premium Processing Service?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the petitioner, may request Premium Processing Service for a designated petition. The petitioner, attorney or representative, or beneficiary may pay the Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907.

So as per this you can pay for it but you cannot sign on form I-907

This is my opinion not legal advice.

"Thanks Raghvi for detail answers
Most of things are clear here, I have one more question regarding the extension apply time?
- I read out one of the your response that "USCIS will generally reject extensions if the I-94 is valid more than 6 Months in future."

- My I-94 is valid till 30-Nov-2014 and my company is planning to apply my extension in month of March this year, so if I go with premium process in march then is there any issue for extension, because March to Nov is almost 8 months and you said USCIS will generally reject extensions if the I-94 is valid more than 6 Months

Please advice what will be the right month to apply extension in my case"

[raghvi]

"Thanks Raghvi for detail answers
Most of things are clear here, I have one more question regarding the extension apply time?
- I read out one of the your response that "USCIS will generally reject extensions if the I-94 is valid more than 6 Months in future."

- My I-94 is valid till 30-Nov-2014 and my company is planning to apply my extension in month of March this year, so if I go with premium process in march then is there any issue for extension, because March to Nov is almost 8 months and you said USCIS will generally reject extensions if the I-94 is valid more than 6 Months

Please advice what will be the right month to apply extension in my case"

Your application may be returned stating Extension not required currently.

I would say that if your company has decided to file under premium category 6-4 Months before expiry should be fine. If there is an RFE you should respond to RFE As soon as possible.

This is my opinion not legal advice.