New H1 processing - Old H1 in Security check


chvinai

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I have applied for my H1 extension on Dec 3, 2009 and its still with USCIS for approval, they said it has security check and hence no ETA. I returned back to India in September 2010 after my 240 days.

I am currently in India since last 10 months, Can I apply for a new H1 petition as I joined a different employer in India ? I want some suggestions on this, is it ok to apply for new H1 or wait for the previous H1 to get security check cleared.

Here is the background and the query I posted in 2009

I have applied for my H1 extension on Dec 3, 2009 as my I-94 validity was till Jan 20, 2010. I still have 3 more years validity available on my H1 (my arrival date in US is Jan 20 2007) .

I still have 3 more years validity available on my H1 (my arrival date in US is Jan 20 2007) .

There was no response from USCIS on my case so I upgraded to H1 Premium in April 22, 2010, I received an RFE on April 26,2010 for which I responded with all the documents they requested(Job description, SOW, Pay stubs, W2 forms, offer letter etc.,) . USCIS received my RFE response on May 26th

The status in USCIS shows as RFE till date, when my employer (reputed Indian outsourcing organization) called the USCIS officer they said it has security check and asked us to call back in 3 weeks time.

Since I am nearing 240 days completion post the i-94 validity period ,

• I would like to know what is my status and when can I expect decision on my H1 extension?

• Is there a way I can expedite my H1 extension ( I already upgraded to H1 Premium though !) ?

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