H1B extension is stuck security check without RFE

USA H1B Visa
1

Hi Anil
H1b file extension in regular processing March 2019 at Vermont location
Upgraded in premium May 2019
Attached asked to USCIS & they told your case went to security check. 240 day is approaching Dec 2019.
I have few questions.
How long does security check to take to complete.
What activity are involved in security check.
Do I need to take any action ?
Thanks in advance.

2

Hi @kishor222

There is nothing that you can do to expedite the security check. The premium processing also does not work with ‘security clearance’ process.

There is no fixed time frame for completion of security checks either. You can stay in US but cannot work after 240 days.

3

Dear Anil,
Security check is cleared. I got the approval H1B extension till 31 Dec 2019. I need to apply H1B extension. I have following questions.

  1. Current MSA valid till May 2020. And SOW, PO are valid till 31 Dec 2019. The client does not provide the Client letter. Do I need to apply H1B Extension with these documents?
  2. The client will provide the Extend MSA and Extend SOW end of Dec Month. We can not expedite to get These documents early from client. Should I wait for extended MSA and extend SOW then apply H1B? Extension?
    Thanks in advance for your support
4

Hi @kishor222

It is better to wait for extended contracts to make sure you get longer H1B approval.

5

Hello Anil / Kishor

How will it it take to get security clearance as I’m in same boat my amendment was filed in May 2018 and in Feb 2019 I received RFE, I responded RFE in May 2019 and converted to premium in September 2019 and got response from USCIS that my case was sent to random security check.

Now I have to travel to India for my marriage can you please suggest me some options, I’m planning to transfer my H1B to another employer is it safe to do so ?

6

Hi @honetension

Security Check H1B

There is no fixed time for security check clearance as it varies by your own profile. The more countries you have traveled, the more time it will take.

Some people get clearance within 2 weeks and some wait for 8+ months. All based on your own passport profile.

H1B transfer security Check

If you file H1B transfer, the chances are high that it will also be stopped for security clearance as its your own profile that needs clearance and not your H1B application.

Leaving US while security check pending

If you leave US now while the application is pending, your approval may only be approved with ‘consular processing’ which means that you won’t get a new i94.

You would need to go out of US again and get H1B Visa stamp later when you receive H1B with consular processing.

H1B Visa stamp required to return to US

Also, if your H1B Visa stamp has expired, you won’t be able to return to IS until you have got the new Visa stamp.

Avoid Travel

The best option in security check cases is to avoid travel. But, in your case, avoiding travel may not be possible due to your marriage.

Expedite Security Clearance

There is no way to expedite security checks. Premium processing timeline is NOT honored in security clearance cases.