u/Fun_Academic

Hi everyone,

I have a pending H-1B petition. With the 1st Circuit vacating the $100k fee rule, but a potential SCOTUS emergency stay looming, I am considering upgrading to Premium Processing to get an approval before the fee gets reinstated.

Has anyone recently upgraded to PP for this exact reason? Are you seeing fast approvals right now, or is there a trend of USCIS issuing generic RFEs just to stall and wait for the SCOTUS decision?

Would love to hear any recent timelines or experiences from people in the same boat. Thanks!

Hello everyone. My employer recently filed my H-1B petition and we received the I-797 Receipt Notice. Like many others, we are currently waiting on the 1st Circuit Court of Appeals regarding the administrative stay that was placed around June 18.

​Does anyone have any recent updates or legal insights on when the court might actually rule on the 'stay pending appeal'? Is there a typical timeline for this specific circuit after the initial briefings are done? Just trying to get a sense of how long this silence usually lasts. Any actual legal insights would be appreciated. Thanks!

Hi everyone. My employer's lawyer is urging me to pay the Premium Processing fee (out of my own pocket) for my H-1B petition.

Their reasoning: The June 30 deadline is closely approaching. They claim that PP will ensure we get an electronic receipt immediately. If we file with regular processing and USCIS rejects/returns the package due to a random mailroom or clerical error (which the lawyer claims happens often), we won't know until July. By then, the deadline will have passed, and my lottery selection will be permanently lost.

Here is my dilemma: My employer is currently involved in a specific legal situation where USCIS might eventually require them to pay a $100K for consular processing. If USCIS asks for this massive amount down the line, I know for a fact my employer will withdraw the petition.

If they drop the file later, my $3,000 Premium Processing fee will be burned for absolutely nothing.

Has anyone experienced this "pay PP just to secure the receipt" tactic? Is the risk of a random USCIS mailroom error actually high enough to justify risking my own $3,000? What would you do in my position?

My attorney is suggesting the following plan:

​Enter the U.S. (likely on B1/B2).

​File for H1B Change of Status (COS) immediately after arrival.

​Use Premium Processing to get the result in 15 days and "act accordingly" based on the outcome.

​How logical or risky is this? I’m worried about preconceived intent and potentially getting flagged for misrepresentation, which could ruin my future Green Card path. Is this a common tactic in 2026 or is it a red flag for USCIS?

​Any advice is appreciated.