H1B extention California center processing time - PAST OVERDUE


My husbands H1B extention was filed under normal processing on sep 17 2017 and now its been more then 6 months and there is no status yet and it says online that case was received and that is all.

His i94 expired on oct 5th. we are lil worried now because on uscis website it says processing time for h1b extensions 3.5 months to 5.5 months?

ANY IDEA ON THIS DELAY and what we can do next, would it be good idea to upgrade to premium processing, im scared because i heard alot of denial stores for premium processing of h1b extentions?

What else we can do?

Our lawyer is trying to reach out to uscis to see why this case if delayed so long, any idea you guys might have, we are scared because of alot negativity around.

You should definitely raise the case status request with USCIS.

Your 240 days after i94 expiry are about to finish too.
I would strongly advise to first create a case status request and based on the answer, upgrade your request to premium.

There are people whose cases are stuck in ‘administrative’ processing.
You will get to know it by raising the case status request.
If yours is stuck in admin processing too, even upgrading to premium won’t help either.

Let me know if you need more information.

what i admin processing and do you know how long it takes for ADMIN processing, also even if i upgrade to Premium it will not help??

Did you raise the ‘case status’ request with USCIS?
Everything will depend on what they say.

‘Admin prcoessing’ could be anything. We can’t really guess.
But, if it is admin processing for security check, then there is no fixed timeline even if it is premium processing application.

So, first check with USCIS case status request.
If your case is NOT stuck in security check, then you can upgrade your application to ‘premium’ and you should get result within 15 days.

My employer and his lawyer is working with USCIS to get the status on this. Ill have this in couple of days and accordingly will convert this to premium category.

My case has been upgraded to premium and USCIS website says they received it and also clock started from 6th April, while this is good as now ill have result before my 240 days expire however this also makes me nervous becoz i have heard and also see the tread of increasing no of RFE’s followed by declines for premium filed petitions.

Hi @amit
That’s not true.

I personally know many people who always file in premium to avoid the stress of waiting for undefined period of time and have never got RFE.

Thinking that filing in premium increases yours odds of rejection is simply not correct. There is no data to support this hypothesis.

Everything just depends on your employer’s credentials and paperwork. If everything is fine, you should get the visa with ease.

USCIS is issuing more RFEs these days just because they are implementing their rules striclty now to catch frauds.

I would say that you have done the right thing to upgrade to premium.
Don’t worry. You will get positive result.

Here is a complex case that got positive result even after upgrading to premium in Feb 2018. I hope it will help relieve your stress.

I got an RFE today online waiting on USCIS mail for actual reason for RFE, will keep you guys informed what happens next. Wish me luck.

Hi @amit
Don’t worry. You will get through this RFE easily.
All the best.

6 posts were split to a new topic: RFE to prove Employer right of control and H1B status maintenance in past

A post was merged into an existing topic: RFE to prove Employer right of control and H1B status maintenance in past