H1B Transfer - Premium Processing - Delayed - Over Five Months

[Mitz]

I am in the same boat. H1 extension filed in Aug '14, RFE recieved Aug '14, RFE responded Oct '14 and since then waiting for response. Attorney says, file stuck in background check. I independently applied for FBI background check which got cleared in Jan '15 but, USCIS still says that file is stuck FBI background check...FYI, I left US in Sep'14 but still working for the same client from off-shore...eagerly waiting for my H1 extension status.

 

Requesting everyone to provide any updates they may have on their application, by now,

[shool]

I am in the same boat. H1 extension filed in Aug '14, RFE recieved Aug '14, RFE responded Oct '14 and since then waiting for response. Attorney says, file stuck in background check. I independently applied for FBI background check which got cleared in Jan '15 but, USCIS still says that file is stuck FBI background check...FYI, I left US in Sep'14 but still working for the same client from off-shore...eagerly waiting for my H1 extension status.

 

Requesting everyone to provide any updates they may have on their application, by now,

wow at least u left at the right time. its too late for me to even leave now. i can do nothing other than wait or chnage my status to F or B. even thight might be rejected because i am not legally on a legal status, this 240 days is just extension of stay not the status. i have a feeling all of us are from one employer from north Cal region. is there anyway here we can have a private conversation?

[Rakee]

Hello Mitz,

 

I am in the same boat and completed 4 months now. Can you please let me know how did you apply for FBI background check and how it got cleared. Can i have your email ID please it would be helpful for me to try that route. Thank you.

 

Regards,

sai

I am in the same boat. H1 extension filed in Aug '14, RFE recieved Aug '14, RFE responded Oct '14 and since then waiting for response. Attorney says, file stuck in background check. I independently applied for FBI background check which got cleared in Jan '15 but, USCIS still says that file is stuck FBI background check...FYI, I left US in Sep'14 but still working for the same client from off-shore...eagerly waiting for my H1 extension status.

 

Requesting everyone to provide any updates they may have on their application, by now,

[vinodhb]

We have sent amendment request in first week of Feb due to client change but not the new transfer petition.

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

[vinodhb]

Hello Guys,

 

It's been more than 9 months now since we submitted visa transfer to VSC from Company A to B under premium processing then started working for company B based on receipt #. There is no action from USCIS about transfer case and hearing words file is on hold due to security check.

 

I did a trial recently by submitting another visa transfer from Company A to C under premium process and got RFE then finally approved for 3 years. Please refer to following information.

 

Attorney submitted date : May 19, 2015

USCIS(CSC) received date : May 20, 2015

Attorney Receipt # received date : May 21, 2015 1:06 PM PST

RFE date : Jun 2, 2015 8:36 AM PST

RFE details :

 

Provide following documents to prove that applicant is not in out of status at the time present petition was filed.

 

1. Recent paystubs from Company A

2. Approval notice for the case which is in long pending status.

 

RFE Responded date : Jun 4, 2015

RFE response received date : Jun 5, 2015

 

Final decision : APPROVED on Jun 11, 2015 9:01 AM PST however attorney received email with details little late, Jun 11, 2015 12:56 PM PST and I got approval for 3 years along with I94 even though client letter submitted for 2 year 3 months.

 

I would recommend you guys can speak with your attorneys then file another petition with different company and many chances to get file through without having any hold.

 

BEST OF LUCK GUYS.

 

Thanks

[sangvk]

Hi Vinod,

 

Thanks for posting this. My H1 B extension is also pending with USCIS for close to 7 months now due to background check. I am also planning to do the transfer. I have couple of quick questions about your RFE,

 

1.  If latest payslip for Employer A was asked - how you were able to provide if you started working for Employer B

2. Approval notice - for that did you provide the receipt notice since H1 - B transfer to B was not approved? 

 

Thanks,

Santhosh

 

 

 

Hello Guys,

 

It's been more than 9 months now since we submitted visa transfer to VSC from Company A to B under premium processing then started working for company B based on receipt #. There is no action from USCIS about transfer case and hearing words file is on hold due to security check.

 

I did a trial recently by submitting another visa transfer from Company A to C under premium process and got RFE then finally approved for 3 years. Please refer to following information.

 

Attorney submitted date : May 19, 2015

USCIS(CSC) received date : May 20, 2015

Attorney Receipt # received date : May 21, 2015 1:06 PM PST

RFE date : Jun 2, 2015 8:36 AM PST

RFE details :

 

Provide following documents to prove that applicant is not in out of status at the time present petition was filed.

 

1. Recent paystubs from Company A

2. Approval notice for the case which is in long pending status.

 

RFE Responded date : Jun 4, 2015

RFE response received date : Jun 5, 2015

 

Final decision : APPROVED on Jun 11, 2015 9:01 AM PST however attorney received email with details little late, Jun 11, 2015 12:56 PM PST and I got approval for 3 years along with I94 even though client letter submitted for 2 year 3 months.

 

I would recommend you guys can speak with your attorneys then file another petition with different company and many chances to get file through without having any hold.

 

BEST OF LUCK GUYS.

 

Thanks

 

[vinodhb]

Hi Santosh,

 

We have explained saying that started working with employer B from this date based on receipt # and attached is receipt notice, pay stubs.

 

Thanks

Vinodh

Hi Vinod,

 

Thanks for posting this. My H1 B extension is also pending with USCIS for close to 7 months now due to background check. I am also planning to do the transfer. I have couple of quick questions about your RFE,

 

1.  If latest payslip for Employer A was asked - how you were able to provide if you started working for Employer B

2. Approval notice - for that did you provide the receipt notice since H1 - B transfer to B was not approved? 

 

Thanks,

Santhosh

[sangvk]

Thanks Vinod for the response, good to know that they are considerate and understand the explanation. 

 

 

Hi Santosh,

 

We have explained saying that started working with employer B from this date based on receipt # and attached is receipt notice, pay stubs.

 

Thanks

Vinodh

[Mitz]

Sorry Rakhee and Shool, Have been traveling a lot hence couldn't respond to you guys. 

 

H1B Status as of today - Still waiting. 10 months completed and still waiting.

 

@shool, yeah my employer is from North Cal region. @Rakhee, you can go to FBI website and request Identity History Summary Check from them. According to my attorney, it is same as background check. It helped me last time, no luck this time.

[Rakee]

 

Hello Guys,

 

It's been more than 9 months now since we submitted visa transfer to VSC from Company A to B under premium processing then started working for company B based on receipt #. There is no action from USCIS about transfer case and hearing words file is on hold due to security check.

 

I did a trial recently by submitting another visa transfer from Company A to C under premium process and got RFE then finally approved for 3 years. Please refer to following information.

 

Attorney submitted date : May 19, 2015

USCIS(CSC) received date : May 20, 2015

Attorney Receipt # received date : May 21, 2015 1:06 PM PST

RFE date : Jun 2, 2015 8:36 AM PST

RFE details :

 

Provide following documents to prove that applicant is not in out of status at the time present petition was filed.

 

1. Recent paystubs from Company A

2. Approval notice for the case which is in long pending status.

 

RFE Responded date : Jun 4, 2015

RFE response received date : Jun 5, 2015

 

Final decision : APPROVED on Jun 11, 2015 9:01 AM PST however attorney received email with details little late, Jun 11, 2015 12:56 PM PST and I got approval for 3 years along with I94 even though client letter submitted for 2 year 3 months.

 

I would recommend you guys can speak with your attorneys then file another petition with different company and many chances to get file through without having any hold.

 

BEST OF LUCK GUYS.

 

Thanks

 

Hello Vinodh,

 

Thank you for letting us know about what you did. It helps in making a move from present company. I have completed 6months now for H1B extension under premium which is under security check. I have a question. If I transfer from my current companyA to another company B then can i work on new receipt again for 240 days or does this 240 days count from the date of previous H1b expiry. Please anyone let me know. Thank you.

 

Regards,

Sai

[ny001]

Hi All,

My employer filed H1b extension with approved I-140 in July, 2014. My I-94 expired in December, 2014. My extension has been in pending state since then.

 

Later we knew that this is a PERM background check of employer which is still going on. I'm still working with this employer and by the end of August it will be 240 days.

 

I found another employer who filed H1B transfer in premium processing in July. We got RFE to submit end Client letter and Employer-employee relationship.

 

We submitted RFE  - Client letter and other supporting documents before mid August. Employer has requested to USCIS for 3 years extension. Client manager mentioned on client letter that this is ongoing project. At the time when Client letter was given, even manager did not know exactly the end date.

 

USCIS officer sent  request email to Manager to verify content of client letter.

 

Client Manager has replied his email that contract is ending by the end of August and mentioned that the time when client letter was given, it was mentioned as On Going because contract end date was not decided that time. 

 

As client has informed in email to USCIS that contract is ending by August end and premium processing 15 days time will also complete a week before contract end date. 

 

It is already 12 days of PP and online status is still showing "RFE Received".

 

So how USCIS is going to approve or give extension based on it (one week difference)? 

 

Can I start working on H1b transfer receipt # after 240 days ?

 

Can we do H1 transfer after 240 days ?

 

What are different options available now ?

[GK2506]

Hello all,

 

I'm on the same boat:

 

Got receipt on Dec 3rd 2014, started working from Jan 5th, got RFE on March 9th, replied back to RFE on May 7th. USICS case status showed as received RFE response will provide an update by July 7th but at the end of June USCIS removed the word July 7th and now it shows as received RFE response will start working and will mail the decision or notify if needed something.

 

Inquired USCIS by attroney on 08-10-2015 got a reply on 08-25-2015 saying unable to give a timeframe on my petition or application.

 

Can someone suggest me what are my options here, can I go for Premium Processing now. Did anyone had the same situation. Please suggest.

 

Thanks,

[Rakee]

Hello All,

 

I was in your same boat with pending H1B  extension petition for almost 7 months under premium processing. I was tired of waiting and did a H1 transfer to another employer under premium process and got approval along with I94 extension for 2 years within one week without any RFE. I advise to change your employer and try.

 

I wish everyone good luck in this forum. This forum gave me an idea to try a H1 transfer.

 

Thank you,

 

Hello all,

 

I'm on the same boat:

 

Got receipt on Dec 3rd 2014, started working from Jan 5th, got RFE on March 9th, replied back to RFE on May 7th. USICS case status showed as received RFE response will provide an update by July 7th but at the end of June USCIS removed the word July 7th and now it shows as received RFE response will start working and will mail the decision or notify if needed something.

 

Inquired USCIS by attroney on 08-10-2015 got a reply on 08-25-2015 saying unable to give a timeframe on my petition or application.

 

Can someone suggest me what are my options here, can I go for Premium Processing now. Did anyone had the same situation. Please suggest.

 

Thanks,

[Robcheek]

Hello All, I am also in same boat. my current employer A has filed Premium Processing H1B extension and It got stuck in security check. Now I have 7 days only on first h1B extension. So, I am trying to file Company transfer h1b extension from employer B.  

I will share my updates. 

 

Let me know if I have to take any precautions or any advice will be helpful.

[Robcheek]

Hello all,

 

I'm on the same boat:

 

Got receipt on Dec 3rd 2014, started working from Jan 5th, got RFE on March 9th, replied back to RFE on May 7th. USICS case status showed as received RFE response will provide an update by July 7th but at the end of June USCIS removed the word July 7th and now it shows as received RFE response will start working and will mail the decision or notify if needed something.

 

Inquired USCIS by attroney on 08-10-2015 got a reply on 08-25-2015 saying unable to give a timeframe on my petition or application.

 

Can someone suggest me what are my options here, can I go for Premium Processing now. Did anyone had the same situation. Please suggest.

 

Thanks,

 

Looks like you are falling under  "security check". I feel so.  But still again you can ask your lawyer/employer and confirm 

[bhagatp]

Hello all,

 

I applied for H1b with a non-profit in Jan 2015 via regular processing. This is the first time I am applying for H1b. Prior to this I was on F1 and J1 status. Once I received my J1 waiver, I allpied with this new non-profit. I received my J1 Waiver in Dec 2014. Immediately I quit my job and applied with this new non-profit.

 

It's already > 10 months and I received the similar info like mentioned in the Quotes above (Security Check... blah... blah..).

Till I get the visa, I cannot work or get paid or even not eligible to apply thru other entity/company. This is because I have no status.

 

Timeline:

Jan 20 2015: Attorney shipped the docs to USCIS

Jan 24 2015: WAC receipt received

Since then no update. My lawyer tried to contact USCIS and its the similar message they sent us like everyone else.

 

Is this normal? Is this humane?

Please respond to srnbuggy@gmail.com

 

Your response is much appreciated.

[GK2506]

Sorry Rakhee and Shool, Have been traveling a lot hence couldn't respond to you guys. 

 

H1B Status as of today - Still waiting. 10 months completed and still waiting.

 

@shool, yeah my employer is from North Cal region. @Rakhee, you can go to FBI website and request Identity History Summary Check from them. According to my attorney, it is same as background check. It helped me last time, no luck this time.

Hello Mitz,

 

Any update on your H1B, mine is still processing.

 

Thanks,

[Robcheek]

@ All - I am also in same boat. Applied H1B extension via employer A in sept end, 2015 got stuck in "Security check". I have filled another petition via employer B. Both are in Premium Processing. I will update here as soon as I get something to share. 
Good luck to All.

Thanks

[GK2506]

@ All - I am also in same boat. Applied H1B extension via employer A in sept end, 2015 got stuck in "Security check". I have filled another petition via employer B. Both are in Premium Processing. I will update here as soon as I get something to share. 

Good luck to All.

Thanks

rv04071- where does it say it got stuck in security check

[Robcheek]

Below is the response i got from my attorney from USCIS vermont service center

---

Good Day,

 

Thank you for your inquiry.  We have confirmed that your petition is pending at this time. 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.

 

All petitions or applications received by USCIS are required to have routine security checks that are resulting in delays of the adjudication of petitions or applications.  

 

Before USCIS may render a decision on this petition, it must resolve certain issues.  You may rest assured that USCIS is striving to resolve these issues as soon as possible, and will issue a decision once it has done so.  We have no control over how long these checks will take. We can give no definite indication of when they will be completed. We apologize for the delay.

[agrocks]

rv04017- I am also in the same situation. I have applied for extension under premium processing and got stuck in security check in September. I am transfering my H1b under regular processing now. Please share if you hear anything on your second petition.

 

Good Luck!

[sam251]

Go for h1b transfer. Security check is very long process. 

[Robcheek]

Yes I got approval today. I had done company transfer. and got approved.

 

 Note :: In my case security check was due to employer's audit. they have sent some wrong docs to uscis so all petitions are still on HOLD due to security check.

 

COMPANY TRANSFER IS THE BEST ONLY IN CASE OF "SECURITY CHECK"

[not2stop]

Any update from this pending security check. What was the outcome. Anyone to update???