H1B Extension - Security Check

[Immiuser_2008]

Hello,

 

I am in deep trouble here, working for big organization and been in US from 10 years, with 2 kids who are US Citizens and born here, I have approved labor and I-140 in 2007 and in EB3 waiting for the dates to get current and H1b extensions happening based on this.

 

Recently, My 9th year H1B extension was filed in June 2014 via regular processing and in August 2014 got an RFE and on September 15th status updated by USCIS that they received the RFE response, and till now there is no response when Attorney reached on November 21st 2014 - they replied back on December 4th 2014 saying the case is pending Security checks and cannot predict how long its going to take.

 

Please some one kindly advise as I am worried a lot with lot of personal debts: 

 

1. Attorney confirms I have to leave back by June 20th 2015 (Which is 240 days from October 23rd 2014 which was my end date of I-94) - So when case is pending from USCIS why do I have to leave the country ?

 

2. How long does Security check takes to clear - Assuming USCIS has requested this in month of November 2014 ? From November to June its approximately 7 mths am I safe here ? or I need start packing my stuff which I don't want ?

 

3. What are my options here ? As I don't want to leave the country and also the current client for whom I am working from 9 years.

 

4. I have clean history in US from several years, paying taxes and No DMV violations - whats causing this security checks ? Does USCIS just want to trouble and push me out of US ?

 

5. Do I have option to go for H1B transfer in this scenario ? when I-94 is expired and in 240 days period - any issues in H1B transferring ?

 

Please I would request some one to help and advise on this issue.

 

Thanks every one.

[jairichi]

1. That is immigration law. You cannot stay beyond 240 days if your petition is still pending for approval.

2. No specific timeline can be quoted.

3. You can move to a dependent status if your spouse is on H1B or L1.

4. Your attorney will be the best to guide you with this question.

5. It is possible, But, you risk current employer revoking approved I-140.

 

I would suggest you to be patient.

[JoeF]

A pending EOS or COS keeps you legal for up to 240 days past the expiration of the old status. If the application is pending for longer, you indeed would have to leave the country, as your lawyer says.

Btw., why didn't you ask the lawyer about what the 240 days is about?

[Immiuser_2008]

FOR THE BENEFIT OF ALL WHO ARE IN MY KIND OF SITUATION

 

1. H1B EXTENSION FILED DATE:  JUNE 19TH 2014 (REGULAR PROCESSING)

2. RECEIVED REQUEST FOR EVIDENCE:  AUGUST 21ST 2014

3. RESPONSE PROVIDED TO RFE : SEPTEMBER 12TH 2014

4. OCTOBER 23 - I-94 EXPIRED

5. USCIS CONFIRMED WAITING FOR SECURITY CHECK : NOVEMBER 21ST 2014 (AND CANNOT PROCESS UNTIL SECURITY CHECKS ARE CLEARED AND NO ESTIMATE HOW LONG SECURITY CHECKS WILL TAKE)

6. PREMIUM PROCESSING FILED : DECEMBER 24TH 2014 (EVEN THOUGH I KNOW IT WAS IN SECURITY CHECK I DID INTERFILE TO PREMIUM)

 

On JANUARY 6TH 2015 I RECEIVED CONFIRMATION THAT MY CASE IS APPROVED FROM PREMIUM PROCESSING CENTER- AND I AM STILL WAITING FOR THE DOCUMENTS TO ARRIVE.

 

SECURITY CHECK IS ONE OF THE DANGEROUS THING WHICH WILL TAKE EVER TO GET A RESPONSE - IN MY CASE SOMETHING STRANGE HAPPENED AND LUCKILY MY EXTENSION IS APPROVED.

 

I PREY TO GOD THAT NOBODY SHOULD GO IN THIS KIND OF SITUATION, ESPECIALLY SECURITY CHECKS WHICH IS A BLACK BOX AND NO CLUE WHAT HAPPENS AND HOW LONG IT TAKES.

[Rakee]

Hello Mahesh,

 

I am in ur situation. I have applied for my H1B extension in Feb 1st week 2015 under premium processing and I got a reply on service request saying "The required background checks are still pending for these petitions. The standard time period for premium processing filings has not changed”. I have completed 3 months now. I dont have any update. No RFE also. My attorney told me that I can work only for 240 days on my receipt. I am so much worried. What happened in your case? Did you try anything which resulted in approval. Please let me know. Thank you.

 

 

 

 

FOR THE BENEFIT OF ALL WHO ARE IN MY KIND OF SITUATION

 

1. H1B EXTENSION FILED DATE:  JUNE 19TH 2014 (REGULAR PROCESSING)

2. RECEIVED REQUEST FOR EVIDENCE:  AUGUST 21ST 2014

3. RESPONSE PROVIDED TO RFE : SEPTEMBER 12TH 2014

4. OCTOBER 23 - I-94 EXPIRED

5. USCIS CONFIRMED WAITING FOR SECURITY CHECK : NOVEMBER 21ST 2014 (AND CANNOT PROCESS UNTIL SECURITY CHECKS ARE CLEARED AND NO ESTIMATE HOW LONG SECURITY CHECKS WILL TAKE)

6. PREMIUM PROCESSING FILED : DECEMBER 24TH 2014 (EVEN THOUGH I KNOW IT WAS IN SECURITY CHECK I DID INTERFILE TO PREMIUM)

 

On JANUARY 6TH 2015 I RECEIVED CONFIRMATION THAT MY CASE IS APPROVED FROM PREMIUM PROCESSING CENTER- AND I AM STILL WAITING FOR THE DOCUMENTS TO ARRIVE.

 

SECURITY CHECK IS ONE OF THE DANGEROUS THING WHICH WILL TAKE EVER TO GET A RESPONSE - IN MY CASE SOMETHING STRANGE HAPPENED AND LUCKILY MY EXTENSION IS APPROVED.

 

I PREY TO GOD THAT NOBODY SHOULD GO IN THIS KIND OF SITUATION, ESPECIALLY SECURITY CHECKS WHICH IS A BLACK BOX AND NO CLUE WHAT HAPPENS AND HOW LONG IT TAKES.

 

[sam251]

240 days rule applies to extension and not on transfer. Please check this link -- http://www.*************.com/

 

 

Hello Mahesh,

 

I am in ur situation. I have applied for my H1B extension in Feb 1st week 2015 under premium processing and I got a reply on service request saying "The required background checks are still pending for these petitions. The standard time period for premium processing filings has not changed”. I have completed 3 months now. I dont have any update. No RFE also. My attorney told me that I can work only for 240 days on my receipt. I am so much worried. What happened in your case? Did you try anything which resulted in approval. Please let me know. Thank you.

 

 

 

 

FOR THE BENEFIT OF ALL WHO ARE IN MY KIND OF SITUATION

 

1. H1B EXTENSION FILED DATE:  JUNE 19TH 2014 (REGULAR PROCESSING)

2. RECEIVED REQUEST FOR EVIDENCE:  AUGUST 21ST 2014

3. RESPONSE PROVIDED TO RFE : SEPTEMBER 12TH 2014

4. OCTOBER 23 - I-94 EXPIRED

5. USCIS CONFIRMED WAITING FOR SECURITY CHECK : NOVEMBER 21ST 2014 (AND CANNOT PROCESS UNTIL SECURITY CHECKS ARE CLEARED AND NO ESTIMATE HOW LONG SECURITY CHECKS WILL TAKE)

6. PREMIUM PROCESSING FILED : DECEMBER 24TH 2014 (EVEN THOUGH I KNOW IT WAS IN SECURITY CHECK I DID INTERFILE TO PREMIUM)

 

On JANUARY 6TH 2015 I RECEIVED CONFIRMATION THAT MY CASE IS APPROVED FROM PREMIUM PROCESSING CENTER- AND I AM STILL WAITING FOR THE DOCUMENTS TO ARRIVE.

 

SECURITY CHECK IS ONE OF THE DANGEROUS THING WHICH WILL TAKE EVER TO GET A RESPONSE - IN MY CASE SOMETHING STRANGE HAPPENED AND LUCKILY MY EXTENSION IS APPROVED.

 

I PREY TO GOD THAT NOBODY SHOULD GO IN THIS KIND OF SITUATION, ESPECIALLY SECURITY CHECKS WHICH IS A BLACK BOX AND NO CLUE WHAT HAPPENS AND HOW LONG IT TAKES.