H-1B Processing Times - in "Dog Years"?


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You know how they say 1 year in a dog's life is the same as 7 years in a human life? Or is it the other way around? Anyway, H-1B processing times are apparently like this.

US Citizenship & Immigration (USCIS) processing times are listed as 2 months for I-129s for H-1Bs (https://egov.uscis.gov/cris/processTimesDisplayInit.do ).

USCIS informs us that they actually have 2 months PLUS 30 days according to their rules for a case to be "within processing time." So 2 months in "Immigration time" means 3 months to you and me.

But wait -  they are just now working on April cases. It is now August, so really 2 months in Immigration time is like 4 months to you and me.

However, if you filed premium processing, "Immigration time" becomes the same as "real time". Premium cases are supposed to be acted upon in 15 calendar days (this could be a request for evidence, approval or denial). If it is beyond this time frame, your case is outside processing times.

While you can always interfile the I-907 premium processing request with $1225, if your application is for an October 1 start date, that is not necessary yet. We advise that the employer petitioner pay for the premium filing per Department of Labor rules if an I-907 becomes necessary.

If you have a receipt for the filing, you can check your case status here. Usually the website is updated fairly soon after a decision is made or other action taken - although not always.

Conclusion? Given that the processing times listed are in "Immigration time", it is too early to worry about the April 1 H-1B filings.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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