1. The Determination of an Alien's Eligibility for the I-140 Premium Processing Services

1) Are you in H-1B status now? If no, you are out. For instance, if you traveled on Advance Parole and have not reinstated to a H-1B status, you may not be eligible for the I-140 Premium Processing Services (PPS).

2) Are you considering filing of EB-1C Multinational Corporate Executive/Manager I-140 petition or EB-2 National Interest Waiver Petition? Such I-140 is not eligible for the PPS.

3) Is your priority date earlier than 365 days before reaching your H-1B six-year limit? You are eligible for the one-year increment H-1B extension under a different section of AC-21, Section 106(a) and you are not eligible for the PPS now.

4) Were you in L-1 visa status and changed to H-1B and you filed the labor certification at least 365 days before you reached 5 years combining H-1B time and L-1 time? You may not be eligible for the PPS as for the purpose of determination of H-1B six-year limit, the time in L-1 status is counted as part of the H-1B maximum limit. You are not eligible because you will be eligible for one-year increment H-1B extension under AC 21 Section 106(a).

5) If you meet the H-1B status requirement and ineligibility for one-year H-1B extension under Section 106(a), but have more than 60 days remaining to reach your H-1B six-year limit, you are not eligible for PPS at this time. You will have to wait until the time when you reach H-1B six-year limit in 60 days to file the PPS. Caveat, though. If such waiting will make you eligible for 106(a) one-year increment H-1B extension, you will not be eligible for the PPS.

6) If you meet all of the foregoing requirement, you can file I-140 petition along with the PPS (I-907). If your I-140 petition has been pending, you can file I-907 requesting PPS for the pending I-140 petition.

2. The USCIS Requirement of Documents for the I-140 Premium Processing Services

1) Current I-94: To prove the H-1B status

2) All the previous I-94 and I-797 H-1 and L-1 approval notices: To determine the total H-1B time in the U.S., probably excluding the time outside of the U.S.

3) Labor certification approval letter of DOL: To determine the priority date (filing date of the labor certification application) to calculate 365 days relating to the H-1B six-year limit.

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