http://www.hooyou.com/news/news030109uscis.html
......................
With the expansion, I-140 premium processing services will be extended to cases that meet the following conditions:
-
The I-140 is being or has been filed based on an EB-2 or EB-3 labor certification, and
-
The alien beneficiary will reach the six year H-1B limitation within 60 days, or the alien has reached six year H-1B limitation; and
-
The alien beneficiary is NOT eligible for a one year H-1B extension based on an immigration case that is filed 365 days before the expiration of the H-1B six years limitation under AC 21 Section 106(a); and
-
The alien is only eligible for a further H-1B extension upon approval of his or her I-140 petition under AC21 Section 104(c); and
-
An immigrant visa number is not available for the alien beneficiary due to visa number retrogression.
Since immigration visas are immediately available in the EB-1 category, it does not qualify for AC 21 Section 104(c) and therefore, does not qualify for the premium processing. Nor do EB-2 NIW petition qualify for premium processing as USCIS has clearly excluded NIWs in the new announcement. NIW has never been included in premium processing service. However, EB-1 beneficiary, if not be able to extend H-1B, may file I-485 concurrently with I-140 and obtain Work Permit and legally resides in the US as the visa number is immediately available,
................