I-140 Premium processing is back, but wait not so fast. The USCIS issued an official notice informing that, as of June 16, 2008, premium processing will be available for I-140 petitions on a limited basis. The premium processing service for I-140s will only be available for foreign nationals who are reaching the end of their sixth year of H1B term and who otherwise would not be eligible for H1B extensions.
I-140 premium processing will be made available to those who need their I-140s approved in order to be eligible for H1B status beyond the six-year limit. This would apply to H1B applicants who have only 60 days remaining before the end of the H1B six-year limit, but who do not qualify for extensions based upon the priority date of the labor certification filings, alone. In that instance, the I-140 approval will permit an H1B extension for an additional three years in those situations where the priority date is not current / available.