Uscis: Fill & Download for Free

I found this I-140 Premium Processing . Can someone confirm if the link is updated ? Or this is an old information ?I-907 Premium Processing Service requests will be rejected and returned with the I-907 fee, and the Form I-140 petition will be processed according to standard procedures if the Form I-907 is:Submitted without documentation establishing the conditions for availability noted above; orSubmitted to request Premium Processing Service for a Form I-140 petition filed for an alien beneficiary who is eligible to extend his or her H1-B nonimmigrant status under AC21 $106(a) as of the date that the Form I-907 is received by USCIS.

The Application ProcessThere are three main steps we advise people on LawTrades:The company files a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL) making all the required certifications (as listed below).After the LCA is approved, the company files a Form I-129 requesting H-1B status for the employee and submits all supporting affidavits, documents and fees.After the Form I-129 is approved, if the employee is already inside the U.S., they are allowed to begin working on the start date; if they are outside the U.S., they are entitled to use the approved Form I-129 (and underlying documents) to apply for the H-1B.Required Employer Certifications & DocumentationThe minimum requirements companies must satisfy include:Proof of the existence of an employer-employee relationship - the company must have the ability to hire, fire, pay, supervise and control the employee’s work. Company ownership can be proven with organizational documents (e.g., Articles of Incorporation or Operating Agreements), Shareholder and Voting Agreements, Stock Option Programs, Securities Instruments and similar documentation.Proof that the position qualifies as a specialty occupation and at a minimum requires a Bachelor’s Degree (or its equivalent - e.g., license, certification or registration) that is related to the job. The USCIS relies on the Occupational Outlook Handbook published by the U.S. Department of Labor (DOL) in making that determination. Other documents that can be used to support the specialization include expert opinions on the relationship between the degree and the job, and affidavits and job listings from competitors or industry peers hiring for parallel positions.Documentation supporting that the business has a genuine business need to hire the H-1B worker.Proof that the employer has the financial means to pay wages for the foreseeable future. The ability to pay must be proven with the employee’s paystubs or recent W-2s; the company’s most recent tax returns or audited financial statements reflecting that net income is equal to or higher than the proposed salary; or financial statements or tax records showing the company’s net current assets are equal to or greater than the proposed salary in the covered years.Proof that the salary is equal to or greater than the prevailing wage. Geographic location is taken into account in addition to the type and level of the position, as well as related factors. This is proven usually with a Labor Certification Application (LCA) - certified by the DOL - that confirms that the employer is or will be paying wages that are consistent with those paid to similar workers in similar positions with comparable educational and experience levels.Proof that the foreign worker’s education level and experience are commensurate with the job’s requirements.Certification from the company that the employment won’t adversely affect the working conditions of similarly situated workers.Certification that there’s no strike or lockout implicating the worker’s job.Confirmation from the company of its legal obligation to pay the worker’s reasonable costs of transportation back to their home country in the event of a premature termination. (There is no such obligation is the employee quits.)Confirmation from the company that it is obligated to observe anti-discrimination laws with respect to foreign workers (e.g., no discrimination on the basis of national origin, gender, etc.).Confirmation from the company that it’s obligated to extend to the foreign worker the same benefits provided to U.S. employees (e.g., insurance, sick days, time off, stock options, vacation and any other benefits).Confirmation from the company that it’s obligated to observe the same policies, procedures and laws that apply to U.S. workers with respect to bonuses and promotions.ExtensionsIf you were in the US for a total of 6 years - not including business travel days or vacations abroad - then you’ll be required to leave the US for at least one year. We at LawTrades receive this question continually and have helped lots of people figure out effective answers, inexpensively.Here are some exceptions that might help you:You have a labor certification that was filed more than 365 days ago that’s been approved AND a pending I-140 (“Green Card”) petition - you’re eligible for a seventh year.Your employer filed a labor certification that’s been pending for 365 days - you’re eligible for a seventh year.Your I-140 petition was approved - you’re eligible for a three year extension no matter how long your labor certification has been pending.UpdatesThe US Citizenship and Immigration Services (USCIS) will begin accepting new H1B quota based visa applications on April 1, 2016. The earliest date to start work on those visas will be October 1, 2016. As a reminder, the cap on regular H-1Bs remains at 65,000 and at 20,000 for US Master Degree H-1Bs.Also, if you’re an employer with 50 or more employees, and more than half of those employees are H-1B, L-1A or L-1B visas, your fees went up as of December 18, 2015, and you will be paying a $4000 ‘special’ fee for new H-1Bs and transfers.Please message me directly if I can answer any additional questions you have about H-1B visas, green cards or other related matters. Also feel free to check out LawTrades for additional help with questions related to H-1B visas, employer requirements and any related issues.

Before 2015, H4 visa work was prohibited. However, after 2015, H4 visa holders are allowed to work based on conditions specified by the H4 EAD program.Not all those who have an H-4 visa and are dependents of H-1B visa holders are eligible to apply for an EAD. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. The requirements are as follows:The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approvedThe H-1B visa holder must have a status approved under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act of 2000. This act is amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). This act (AC21) allows H-1B visa holders to stay in the U.S beyond the six year limit if they are seeking lawful permanent residence (Employment Based Green Card).If the H-1B person has a status granted under the AC21 act, their employer must have filed the PERM Labor Certification and Form I-140 at least 365 days before the employee reaches the 6 year H-1B cap. The H-4 visa holder can apply for the EAD only after this procedure has been completed.The H-1B person might have filed for the I-140 form, but if it is not granted, the H-4 visa holder cannot apply for an EAD. In addition, if for some reason, the I-140 status if revoked from the H-1B spouse, the EAD will also be revoked from the person holding an H-4 visa.If the person who has the H-4 status does not fulfill one of these requirements, they will not be allowed to file for an EAD. Even if they try to apply, USCIS will reject them on the grounds of non-eligibility.