H1B Transfer - Premium Processing - Delayed - Over Five Months

prudhvi007

By prudhvi007,
in H1B : Processing Times

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prudhvi007 Member

prudhvi007

Posted
Posted

Hi,

 

My new employer has applied for my H1 transfer with Premium Processing to his company in the last week of Aug 2014. It is over five months now I have not received any update from USCIS.

 

Case Status still shows like below.

Case Was Received and A Receipt Notice Was Emailed

On August 28, 2014, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1423351452, and emailed you a receipt notice. It is being processed at our Vermont Service Center location. The notice describes how we will process your case. Please follow the instructions in the notice. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

 

I started working with my new employer since September 2014. I asked my lawyer to talk to USCIS few months back, Below is the response we got from USCIS.

 

 

On 11/20/14, 11:49 AM, "Processing, VSC-Premium"
<VSC-Premium.Processing@uscis.dhs.gov> wrote:
 
Good Afternoon,
 
Our records indicate that your name check request is still pending with
the FBI.  The FBI processes millions of name check requests each year
with each requiring thoughtful consideration.  We know how important this
information is to you; however, the FBI must also balance the need for
national security in preparing the response to each of these requests.
The FBIs homeland security mission requires that the name check process
be primarily focused on an accurate and thorough result.  While an exact
date for completion of this review cannot be given, you may be assured
that the results will be made available to us as quickly as possible.
Your continued patience is appreciated.
 
Thank you,
Maggie T. ISO1
Premium Processing Unit
VSC

 

 

When I searched online I found that FBI name check process usually completes within days. Looks like my case was treated as an exception and taking more time even though we applied for Premium Processing.

 

Has anyone ever had this type of issue with H1B Transfer or extension?

 

My driver's license has expired and DPS is not renewing my license as I do not hold a valid VISA. Can someone tell me what steps I can take now? I think I have waited enough for USCIS. 

 

 

Thanks in Advance. Any help is appreciated.

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vinodhb Member

vinodhb

Posted
Posted

Hi Prudhvi,

 

I am also on same boat as I have filed H1B transfer under premium on Aug 28, 2014 in Vermont center then later on my attorney checked with USCIS and got a message saying that my file is under pending due to security / background check is going on.

 

I didn't check in recent days with my attorney on latest status.

 

Thanks

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prudhvi007 Member

prudhvi007

Posted
  • Author
Posted

hey thanks for your response vinodh. 

 

Did you check if we can send one more application to them while this one is in progress.

 

 

We got the below response from USCIS today.

 

Good Morning:

All petitions or applications received by the U.S. Citizenship and Immigration Services (USCIS) are required to have routine security checks that are resulting in delays of the adjudication of petitions or applications. 

 

The processing of your case has been delayed.  A check of our records establishes that your case is not yet ready for decision, as the required security checks remain pending.

 

Until the security checks have been completed, we cannot move forward on your case.  These security checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the security checks are complete.

Thank you and we apologize for the delay.

 

Officer Rob

Premium Processing Customer Service

USCIS – VSC

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vinodhb Member

vinodhb

Posted
Posted

Hey Prudhvi,

 

I have already filed second petition in 1st week of Feb and no update from USCIS..when my attorney checked they are saying same as earlier "file is pending for review due to pending security checks".

 

Note that I have filed with same company..if you want to try second then file with different and let me know the status as soon as you get.

 

Thanks

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  • 2 weeks later...
Rakee Advanced Member

Rakee

Posted
Posted

Hi Prudhvi,

 

I am also on same boat as I have filed H1B transfer under premium on Aug 28, 2014 in Vermont center then later on my attorney checked with USCIS and got a message saying that my file is under pending due to security / background check is going on.

 

I didn't check in recent days with my attorney on latest status.

 

Thanks

 

Hi Prudhvi,

 

I am also on same boat as I have filed H1B transfer under premium on Aug 28, 2014 in Vermont center then later on my attorney checked with USCIS and got a message saying that my file is under pending due to security / background check is going on.

 

I didn't check in recent days with my attorney on latest status.

 

Thanks

Hi Vinod/Prudhvi,

 

I am also in the same boat.

 

I have completed only 3 years on my H1B and eligible for another 3 years of extension(along with Client, Vendor letters) or more. I have approved PERM as well and I140 is under regular processing(waiting for it since 7 months. NSC EB2).I have applied for my H1B extension under premium processing on Feb 3rd 2015. My Current H1B expired on Feb 20th. I have received my receipt on Feb4th. I am currently working on my receipt. Its been 30 calendar days now and we did not receive any status update from USCIS on my h1b extension. 

On Feb 20th our employer raised a Service Request and received an Update from USCIS as follows:

 

"The required background checks are still pending for these petitions. The standard time period for premium processing filings has not changed

 

 

My employer is based in CA and I work in CA. I have a receipt number which starts with WAC.. Please anyone let me know if anyone faced this kind of issue before. 

 

What is the status on ur case now?Please let me know as it would be useful for me as well.

 

Thank you.

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robby_254 Member

robby_254

Posted
Posted

Hi Guys

 

Did any of you receive any update from USCIS? I am in the same situation. It has been more than 2 months and I haven't heard anything from USCIS. I applied my H1 transfer in premium.

 

Does anyone know if this is happening due to any problems/audits with the employer? Because I am not sure how a personal background check would take more than 2 months. Should I find a different company to file my H1 transfer while this is in progress. Kindly help

 

Regards

Robby

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Rakee Advanced Member

Rakee

Posted
Posted

Hi Guys

 

Did any of you receive any update from USCIS? I am in the same situation. It has been more than 2 months and I haven't heard anything from USCIS. I applied my H1 transfer in premium.

 

Does anyone know if this is happening due to any problems/audits with the employer? Because I am not sure how a personal background check would take more than 2 months. Should I find a different company to file my H1 transfer while this is in progress. Kindly help

 

Regards

Robby

Hello Robby,

 

After the response to our employers service request we did not hear from USCIS yet. Two weeks ago we got the above said response from USCIS that they are doing some background check. I have completed 42 calendar days now. This is my H1 extension in premium. I am not sure if this is related to employer or not. Can you share your email ID we can discuss more things about this issue ?Thank you.

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prudhvi007 Member

prudhvi007

Posted
  • Author
Posted

It is close to 7 months since we applied for my H1 Transfer in Premium processing I havent received any update on my case from USCIS. Immigration Attorney asked me to request Senator or Congressman to contact FBI to work on my case. Has anyone ever reached out to Senator or Congressman?

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Rakee Advanced Member

Rakee

Posted
Posted

It is close to 7 months since we applied for my H1 Transfer in Premium processing I havent received any update on my case from USCIS. Immigration Attorney asked me to request Senator or Congressman to contact FBI to work on my case. Has anyone ever reached out to Senator or Congressman?

Hello Prudhvi,

 

I am  also waiting on my H1 extension under premium processing since 2months. Can you please provide your contact email. We can discuss about this situation and see  what can be done. I think this is purely related to the company we are working for. I have many frnds/cousins who are getting extensions and transfers without any delays like this.I assume you know about the 240 day rule. I appreciate your response

 

Thank you.

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Rakee Advanced Member

Rakee

Posted
Posted

Hello All,

 

Anyone has any updates on your H1 cases? What are your attorneys suggesting? Please keep others posted. Thank you.

 

Hi Guys

 

Did any of you receive any update from USCIS? I am in the same situation. It has been more than 2 months and I haven't heard anything from USCIS. I applied my H1 transfer in premium.

 

Does anyone know if this is happening due to any problems/audits with the employer? Because I am not sure how a personal background check would take more than 2 months. Should I find a different company to file my H1 transfer while this is in progress. Kindly help

 

Regards

Robby

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Rakee Advanced Member

Rakee

Posted
Posted

Hi Prudhvi,

 

I am also on same boat as I have filed H1B transfer under premium on Aug 28, 2014 in Vermont center then later on my attorney checked with USCIS and got a message saying that my file is under pending due to security / background check is going on.

 

I didn't check in recent days with my attorney on latest status.

 

Thanks

Hi Vinod,

 

Do you have any updates on your H1B case? Do you have an idea how long you can work on receipt without any legal issues?Please let us know as we are also in the same boat.

 

Thank you.

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shool Newbie

shool

Posted
Posted

I am also in the same situation. employer and client both in CA. filed for extension in August last week on PP, got RFE in Sept, then RFE responded on sept 23. my h1 expired sept 30 now on the 240 day thing. Since then my status has been under background check. i dont know what to do

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sam251 Member

sam251

Posted
Posted

Hi Guys

 

Did any of you receive any update from USCIS? I am in the same situation. It has been more than 2 months and I haven't heard anything from USCIS. I applied my H1 transfer in premium.

 

Does anyone know if this is happening due to any problems/audits with the employer? Because I am not sure how a personal background check would take more than 2 months. Should I find a different company to file my H1 transfer while this is in progress. Kindly help

 

Regards

Robby

 

H1b applicant's background verification should not take more than 3 months. I agree with you. This background verification may be related to employer's AUDIT. Please talk to your attorney/employer to know the exact reason.

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  • 2 weeks later...
  • 2 weeks later...
  • 2 weeks later...
sam251 Member

sam251

Posted
Posted

I am also in the same situation. employer and client both in CA. filed for extension in August last week on PP, got RFE in Sept, then RFE responded on sept 23. my h1 expired sept 30 now on the 240 day thing. Since then my status has been under background check. i dont know what to do

 

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

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  • 2 weeks later...
Rakee Advanced Member

Rakee

Posted
Posted

H shool,

 

Any update on your H1B extension? you have completed 8 months? Are you doing a H1 transfer to another company? All the people in this forum has any updates? What are the attempts you are making to resolve this security check? Please let us know. It will be useful for all of us.  Thank you

 

mine was extension but it doesn't matter i guess because my 240 days is about to hit here in a week. any update? email me at *************@gmail

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shool Newbie

shool

Posted
Posted

No updates on my case. yesterday was the last day of work. i am trying to get another company to petition my transfer, everyone keeps running away once i tell them my case has been pending over 8 months. i have no idea what to do.

it feels weird not going to work

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