Expect Delays in Processing of H-4 & H-4 EAD Applications Filed with Premium Processed H-1B Petitions

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On March 3, 2017, USCIS announced the suspension of 15 day premium processing for all H-1B petitions effective April 3. This temporary suspension may last up to 6 months.  Yesterday, stakeholders were further informed by the Nebraska Service Center (“NSC”) that H-4 applications and H-4 EAD applications filed with premium processed H-1B petitions before April 3, 2017, may not be adjudicated concurrently within the prescribed 15 days. There is no mandate for premium processing of the accompanying H-4 extension application and H-4 EAD application.  However, in the past, USCIS as a courtesy has adjudicated H-4 applications and H-4 EAD applications with the H-1B petition and within the same time frame.

NSC states that it plans to adjudicate the H-1B petitions first, then transfer the related H-4 and H-4 EAD applications to a different team for adjudication within a week or two.  NSC expects to resume work on all applications submitted concurrently with their related H-1B petitions once the surge ends.

Please feel free to contact our office with any questions. There are some automatic extension provisions of stay and employment authorization for timely filed H-1B petitions and extensions.

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