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However, with an approved I-140, changing your job on an H-1 visa becomes easier because you can retain the priority date and an H-4 visa holder spouse can also apply for an EAD. Therefore, premium processing does not get you a green card any sooner. Moreover, premium processing may delay the regularly filed cases for people who cannot afford to pay the extra fee or choose not to do so.Įven though going through premium processing approves an I-140 faster, a person cannot file for an I-485 or do consular processing until the priority date is current. In most cases, the advantages outweigh the cost. There are pros and cons of premium processing as described in detail below. While many people would benefit from premium processing, in some categories people may actually be harmed or may not provide any real benefits by filing for premium processing. In the case of an RFE, the USCIS will make a decision within 15 days of receipt of the response. Alternatively, an officer could issue a Request for Further Evidence (RFE), a Notice of Intent to Deny (NOID), a denial, or a notice of a fraud investigation. A USCIS officer will review the application and determine the appropriate action, which in many cases would be an approval. Citizenship and Immigration Services (USCIS) will process an I-140 within 15 calendar days of receipt. Therefore, before applying for I-140 premium processing, make sure that it is currently available and applicable for you.įor an additional fee, the U.S.
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I-140 premium processing is available or suspended from time to time.