H1B - RFE pending with USCIS - California service center - 240 elapsing

[Ramakrishnan Sundaram]

Hi Everyone,

I am here in US with H1B VISA, i filed my extension on December 13, 2017. I got RFE on March 28, 2018. The RFE evidence was filed back with USCIS - california service center on June 26, 2018. My VISA expired on March 31, 2018. My 240 days elapsing on November 26, 2018. 

Please suggest if i should travel to India before November 20, 2018.

Is there a way to upgrade the case to premium now, since i heard premium processing is stopped for California service center.

Can i transfer the case to Nebraska service center and upgrade to premium? is that advisable?

[xTDx]

Once the 240 day period has passed, the H-1B employee is no longer authorized to work (see 8 CFR 274a.12(b)(20)). However, the H-1B employee is permitted to remain in the US while the timely filed H-1B extension petition is pending, even beyond the 240 day mark.

- If you travel to India, you will not be able to come back without a valid visa. For a visa, you will need valid and approved petition. 

- You should consult your options with your employer and their attorneys. They are paid to do exactly this. 

[rocky07]

Hi Ramakrishna, 

Did you hear anything from USCIS. I am in a similar situation 

[rocky07]

Did you hear anything from USCIS. I am in a similar situation . do you how long are they taking these days for adjudication after rfe submission

[User18]

Check Processing timelines on USCIS website. California Service Center is brutal and horrible. They take sooo long to process! Horrible folks! 

 

https://egov.uscis.gov/processing-times/

 

 

[Ramakrishnan Sundaram]

Team,

 

i raised a service request to USCIS with the help of my attorney

 

They have responded back like this

 

"within posted processing time"

[User18]

On 10/25/2018 at 10:20 AM, Ramakrishnan Sundaram said:

Team,

 

i raised a service request to USCIS with the help of my attorney

  

They have responded back like this

  

"within posted processing time"

Looks like USCIS doesn't understand the sense of Professionalism. USCIS is very inefficient in distributing the workload. Nebraska and Vermont seems to have less workload compared to CSC.