Today, USCIS published notice that it will expand premium processing of I-140 Petitions to H-1B holders that have already “H-ed” out. In the past, I-140 Premium Processing was only available for those who were within 60 days of the expiration of their 6th year and who did not qualify for the 1-year AC21 extension at section 106(a). It specifically excluded people who were forced to leave the US at the end of their 6th year in order to wait for I-140 approval in order to get an AC21 extension and return to the US in H-1B status. Now those people waiting outside of the US can premium process an I-140 (or upgrade a pending case) to obtain an approval and get a three-year extension of H-1B status under AC21 section 104(c). For more information, check out the government’s Press Release. http://www.uscis.gov/files/article/I-140_premium_24feb09.pdf