Am I eligible for I-140 Premium Process?
Premium Processing Service for Certain Form I-140 Petitions starting June 16, 2008
Condition # 1: Are currently in H-1B nonimmigrant status:
You have to be on H1B status (the Premium Processing option is not available for those beneficiaries who have already run out of H time, and who have departed the country or who are in another nonimmigrant status.)
Condition # 2: Will reach the 6th year of their H-1B nonimmigrant stay in 60 days:
You are within 60days of your 6-year period (6-year physical presence on H and L status. H4 and L2 not counted towards this calculation according to an earlier USCIS memo)
Condition # 3: Are only eligible for a further H-1B extension under AC21 §104(c)2 upon approval of their Form I-140 petition:
You are eligible to file I-140 PP, only if you are eligible to extend your H1B based on an approved I-140.
Condition # 4: Are ineligible to extend their H-1B status under AC21 §106(a)3:
That means, if you have filed your I-140 or LC before 365 days of H1B expiry date, you are not eligible for I-140 PP. You are already eligible to extend your H1B in 1 year increments, and therefore no need for I-140 approval for extension.
Read USCIS Fact Sheet.