H1B Security check

[Swetha Naveen]

Hi,

My H1B was filed in Premium in April, 2021 and received a RFE within 4 days. The RFE was to justify why a specific role (job title) is required for the position. The RFE was responded and received by USCIS on June 9th. After the case status was not updated even after 15 days, the attorney raised a service ticket and were informed that the H1B case processing is on hold as the security clearance report is pending. USCIS stated that the case will continue to be suspended until the Security Clearance report is received. 

I have been in US for over 2 years now, and I never had a H1B RFE / Denial in past. I have had 3 H1B approvals in past, and never had any issues before. I file my Tax on time, and have no other source of income other than employment. Also, never was out-of-job and never been Out-of-State.

I am seeking out for some insights on the following concerns:

1.  Can my case be classified as one those randomly picked for Audit? Should I be worried of getting rejected eventually? None of my colleagues, or attorney, has had this experience before, so its a wild guess.

2.  What is the average processing time for USCIS Security Clearance? Various forums says that it may take up to a year depending on backlog. 

3. My I94 is valid until 12/31/2021.  I am worried whether I will have to go back to native country if the case status is not approved until then. Assuming it can take up to a year for USCIS, I am at risk of going out-of-status starting 2022.

4. Does the H1B Petition from the previous employer automatically expires after 2 months on leaving the job? I had the validity until 12/31/2021.  Asking as the current petition is still getting processed, and the only approved one is from the previous employer

5.  Can I reach out to the local congressman to help expedite the case status? If yes, is there any specific waiting time before reaching out to him/her? Do I need to have any specific business case built out for it?

Apologies for the long email, and list of questions  but I am earnestly worried, and seeking clarifications ASAP.

Appreciate your response in advance.

[Zodiac System]

Can you find another employer who can file a H1b transfer?  This current case can then be respectfully withdrawn by your current employer.  Good Luck.

Edited August 3, 2021 by Zodiac System

[LeaveMessageH1B]

15 days is nothing in USCIS world, wait could be much longer. 

13 hours ago, Swetha Naveen said:

I have been in US for over 2 years now, and I never had a H1B RFE / Denial in past. I have had 3 H1B approvals in past,

2 years is still newbie, past approval does not mean one cannot get RFE ever, take is as part of admin process and wait it out.

Your attorney already took the action and there's nothing more you can do. 

13 hours ago, Swetha Naveen said:

5.  Can I reach out to the local congressman to help expedite the case status?

They may not even entertain you, local congressman has nothing to do with your H1b case, they help out occasionally to legit cases only,  RFE within 4 days and no update after 15 days is definately not one of them. 

13 hours ago, Swetha Naveen said:

Do I need to have any specific business case built out for it?

Business case ??? what are you trying to sell to local congressman ??

 

13 hours ago, Swetha Naveen said:

4. Does the H1B Petition from the previous employer automatically expires after 2 months on leaving the job? I had the validity until 12/31/2021. 

Once you move/start to new employer, old one is no longer in picture and legally it should be revoked. If you try to go back to old employer (may need an amendment) it will trigger another RFE and further complicate your case.

13 hours ago, Swetha Naveen said:

1.  Can my case be classified as one those randomly picked for Audit? Should I be worried of getting rejected eventually? None of my colleagues, or attorney, has had this experience before, so its a wild guess.

Each case is different, what your collogues or attorneys have gone through has nothing to do with your case. Each case is evaluated on basis of merit and individually. 

13 hours ago, Swetha Naveen said:

2.  What is the average processing time for USCIS Security Clearance? Various forums says that it may take up to a year depending on backlog.

Do not rely on forums, check from authentic source https://egov.uscis.gov/processing-times/ 

13 hours ago, Swetha Naveen said:

3. My I94 is valid until 12/31/2021.  I am worried whether I will have to go back to native country if the case status is not approved until then. Assuming it can take up to a year for USCIS, I am at risk of going out-of-status starting 2022.

worrying will not change the outcome, let the process finish and it goes without saying - maintain your legal status all the time.