ISSS does not guarantee processing times since the adjudication schedule of the USCIS is highly variable and changes from month to month. You can check the processing times on the USCIS website.
In addition, the USCIS receipt provides the university and the incoming scholar with a case number that can also be checked on the USCIS website.
Premium Processing
General processing times for H-1B status can be anywhere from two to six months, sometimes longer. If the department is in a hurry to get the H-1B petition approved, it is possible to request premium processing for an H-1B case. This will require payment of a $2,805 fee, for which USCIS guarantees an adjudication within 15 business days of receipt of the premium processing fee.
- If the petition is not adjudicated within 15 business days, the $2,805 fee will be refunded.
Premium Processing not available for E-3 petitions.
For more information about premium processing, contact an advisor in ISSS.
Filing Change of Status and H-1B/E-3 Petition Simultaneously
If the scholar is inside the United States in another nonimmigrant status, the H-1B/E-3 petition and the application for change of status or extension of stay are submitted to the USCIS together and are acted upon together by the USCIS. The scholar is authorized to be employed by the university ONLY when the University of Colorado petition and the application for change of status are approved.
Extension of H-1B
In the case where the scholar is applying for an extension of a University of Colorado H-1B, the scholar is continuously employable for up to 240 days during the pendency of the application if the application is timely filed. The regulations that outline this employability are found at 8CFR 274a.12(b)(20). When the USCIS accepts a petition for adjudication, they send a receipt. That receipt is adequate proof that the alien is in pendency for an extension, and it is adequate for I-9 purposes. (Please note: The 240 day rule does not apply to E-3 visa holders).
If the scholar is outside the United States and the H-1B/E-3 petition is approved by the USCIS , we send the approval to the scholar, then he or she gets an H-1B/E-3 visa stamp and enters the United States in H-1B/E-3 status. At that point, the scholar is immediately employable by the university, providing he or she has a U.S. Social Security number.
Travel During Pendency of an H1-B Petition
The processing times for H-1B/E-3 petitions will sometimes interfere with the travel plans of a scholar. It is important that the scholar with a pending H1-B/E-3 petition talk to an advisor in ISSS about their plans and get appropriate advice.
If the scholar is requesting an extension of H-1B status, please note the following:
- The scholar must be in the U.S. when the H-1B extension petition is received by the U.S. government, specifically the U.S. Citizenship and Immigration Services (USCIS).
- After the extension petition is on file with the U.S. government, the scholar may travel outside of the U.S. (with a valid H-1B visa stamp) if they return prior to the expiration of their current H-1B status (i.e. not the extension).
- If the scholar will be returning to the United States after the current H-1B expiration date, the scholar will need the extension approval notice from the USCIS and a new, valid H-1B visa stamp in their passport in order to return to the U.S.
Scholars who are requesting a change of status to H-1B/E-3 and have travel plans while the H1B/E-3 is pending should talk to an advisor in ISSS. Travel during the pendency of an H-1B/E-3 petition for a change of status means that petition will be considered abandoned. Talk to an advisor in ISSS. Travel during the pendency of an H-1B/E-3 petition is sometimes unavoidable. We urge scholars in these situations to discuss their case with an advisor in ISSS.