H1B Amendment RFE pending at California for 4+ months

Hi Anil ,
H1 amendment is still with USCIS for my spouse. Here are the dates when it got applied from California Service center . I am bit worried as its almost a year.

  1. H1 amendment filed – 21st February 2019
  2. RFE Received – First Week of May 2019
  3. RFE response submitted – 10th July 2019
  4. Service request filed – 13th November 2019
  5. service request II filed – 21st January 2020

What are you thoughts on why it might have got so much delayed ? would you please predict tentative date when it can be approved ?
I am little worried as i am working on H4 EAD .

Hi @chetna

RFE response from California normally takes more than 90 days on average.

What was your RFE for?

Hi Anil , The employer had shared only the points in RFE saying the can not share RFE notice.

Here are comments:
Employer-Employee Relationship, Service in a Specialty Occupation at Third Party Off-site Employment, Specialty Occupation.

This RFE is quite serious. The chances of approval are 50-50 based on the documents submitted by the employer.

Have you got any response from USCIS for your first and second service request? They usually send some kind of communication.

response for both request is same . We will be making every effort to adjudicate your case in the most efficient manner … Thanks fro your patience …
Also its mentioned that : we will not be able to give a time frame.

no text in the response seems helpful in predicting timeline…

In that case, your only option is to either wait or upgrade your application to premium.

we will wait till April and then upgrade to premium . Thanks Anil for the inputs and quick response.

1 Like

Hi Anil ,
( we have our H1 approved till may 2021 but H1 amendment filed in 2019 got denied in May 2020, so we are filing H1 amendment before 60 days of denial)

  1. Employer has filed new H1 amendment with own project instead of third party . New amendment is not filed in premium .
    Do we need to have amendment filed in premium to have in valid status ?

  2. it it good option to have H1 transfer with another employer in normal processing, while there is H1 amendment is in process with current employer ?
    will this be valid H1 transfer ?
    Do i need to file H4 transfer @ the same time?

Hi Anil ,
( we have our H1 approved till may 2021 but H1 amendment filed in 2019 got denied in May 2020, so we are filing H1 amendment before 60 days of denial)

  1. Employer has filed new H1 amendment with own project instead of third party . New amendment is not filed in premium .
    is it needed to have amendment filed in premium to stay in valid status ?
    we are not accruing Out Of Status period right?
  2. it it good option to have H1 transfer with another employer in normal processing, while there is H1 amendment is in process with current employer ?
    will this be valid H1 transfer ?
    Do i need to file for new H4(and EAD) for myself , if spouse starts H1 transfer process?