h1b filed in jan 2006. still pending. what can i do?

[h1bdelay]

Hi,

My h1b was filed in january-2006. then upgraded to premium. its still pending. uscis says its in a security check.

is there anything i can do. what might have gone wrong. does this happen with h1b applications. it was filed in the "advanced degree quota".

please respond.

thanks

[gcnoida]

My case was also struck because of Security check.

I have filed it in March. Upgraded to premium processing. Now it is under
security check. GOD knows when it comes.

This is very frustrating.

thanks

[shankyyy]

hibdelay/gcnoida,


just curious....are u first time h-1b applicants? or is your h-1 transfer getting delayed?

[h1bdelay]

mine was an opt to h1b - so 1st time. This was while i was in US.

do you know of anyone who's got into such a situation?

is there something I can do??

[jimmyhendrix365]

Funny, I have applied for my H1 Visa in MS quota in August 2005. I havent got a response from them. so, what did I do, I applied in June 2006 and this time went for the Premium and its pending too. Its frustrating.

[jadoo85]

My two H1bs are pending since June 2004. Both premium processing. Go figure.

[h1bdelay]

Hi,

Do you feel your religion/faith might be the reason. Also when you/employer contact USCIS, what reply did you get.


Thanks

[jimmyhendrix365]

Jadoo thats bad man. So what did you do these two years. Didnt you apply again?

[jadoo85]

I was able to work, as per my lawyer instructions. ( As I have one H1b approved for that time, from a different employer). So both my pending h1b applications were filed as concurrent. Even though pending, I was able to work.

Its very difficult to say that religion/nationality has anything to do with this mess. Every time you try to ask them you hit a stone wall. No answers, no reasons, nothing. Just that application is pending back ground checks.

Its probably part of the USCIS inefficient work force, that one has to deal with while filing petitions, coming in and out of the country. So much arrogance shown by officers at the ports of entry, even to the professionals who bring lots of good to this country. A very average person, when gets the aurthority of harrassing literrally anybody, he tends to exploit it. So if your h1 petition goes to such an officer, not knowing that what kind of impact it is having on somebodys personal and financial life they just tend to sit and wait.

[jimmyhendrix365]

Jadoo, man you should be happy atleast one of your H1b is approved. I do not have one and I am unable to work. I am just waiting for the that lousy dude to stamp my papers.

[tomcat26]

I thought I was the only unlucky person with this scenario, I am so sorry to read about all the trouble everyone is being made to go through. I am in a similar situation, filed for H1 on July 10 2006 normal processing, got receipt number, online status still shows case recieved and pending, employer said no RFE came so assuming my paperwork was complete, currently on OPT which expires June 21, 2007. Will it make a difference if I go for premium processing now? Please help me with this information. Thanks!

[tomcat26]

I seriously dont believe it is religion, coz I know several examples of different religions who got theirs processed (2006 filers). Were any of you born outside India or visited any middle-east countries?

[jadoo85]

Born in Pakistan. Canadian Landed Immigrant.

[h1bdelay]

yea guys. this is so Sick of them. What effort does it take for them to reject the visa. this way atleast there will be a direction to life.

-----

[jadoo85]

That one person, sitting on the file, does not realize how he is effecting somebody's emotional and family life. Almost three years for h1b, pending, and it is a premium processing.
Even if they have a reason to deny it, they should deny, so that one can move on with his/her life. Just so Sick.

[jimmyhendrix365]

Well, I spoke with one of the attorney's from Murthy Law firm. He told me only my attorney can talk to the UCIS office (known fact), but he told me I can insist my attorney to put me in the conference and talk to them so that I can know whats going on.
Secondly, its mandatory for them to make a decision in 15 days. 3 years is a long time bro. You need to either make your attorney to file a case against the UCIS office (well after he speaks to them and it goes futile)
My attorney is waiting till the end of Jan before he can file a case. But I need to ask him to put me conference and see how things are going before I ask him to file a case.

[jimmyhendrix365]

Originally Posted by tomcat26

I thought I was the only unlucky person with this scenario, I am so sorry to read about all the trouble everyone is being made to go through. I am in a similar situation, filed for H1 on July 10 2006 normal processing, got receipt number, online status still shows case recieved and pending, employer said no RFE came so assuming my paperwork was complete, currently on OPT which expires June 21, 2007. Will it make a difference if I go for premium processing now? Please help me with this information. Thanks!

Hi tomcat,
I think its good if you go for the premium, may be there is a good chance you hear the decision.

Jimmy

[jadoo85]

What kind of case can you or your attorney can file against USCIS????

[tomcat26]

Jimmy,
I mailed a certified chk for PP to my employer yesterday, I took it in USCISs' name, they will probably mail it to USCIS next week, will keep you all posted. I guess things will not happen if you do it the normal, st.fwd way eh...
Jimmy, what difference will it make if you directly speak to the USCIS through attorney conferencing if the attorney himself doesnt know yet, that is, why would they tell you something that they didnt want to (or have to) share with your attorney?
One thing you might want to find out though is which year's quota will you be put in whenever they (find time to!) approve it. Good luck.

[jimmyhendrix365]

First of all, I spoke with my attorney yesterday and he said that he spoke with thw uscis personnel and they said my pp is in being investigated. so he told me to wait couple of weeks before he can talk to them and put me in concall.
As 4 the case, he told me tht if they take more than 6 weeks to respond in pp u can file a case in case. i dont know the technical details. but i guess it would be good if u can talk 2 ur attorney and let us know his views.
jimmy

[jimmyhendrix365]

Originally Posted by tomcat26

Jimmy,
I mailed a certified chk for PP to my employer yesterday, I took it in USCISs' name, they will probably mail it to USCIS next week, will keep you all posted. I guess things will not happen if you do it the normal, st.fwd way eh...
Jimmy, what difference will it make if you directly speak to the USCIS through attorney conferencing if the attorney himself doesnt know yet, that is, why would they tell you something that they didnt want to (or have to) share with your attorney?
One thing you might want to find out though is which year's quota will you be put in whenever they (find time to!) approve it. Good luck.

tomcat,
I said we can be in the conference to hear what the attorney and USCIS personnel are talking. (this is for those who think they are being kept in the darkness and dont know what is going on with their case.) and since its been 18 months for me and not knowing what these people are talking in the phone it makes me anxious. So just to clear of things I asked him to put me in the conf (as suggested by an attorney from Murthy law firm).

I also advice you to go to murthy.com and mail them your case and someone might respond to you within a week. (Ignore this if you are ahead)

Jimmy

[jadoo85]

The people at USCIS/TSC premium processing customer service are very nice.
But I have no doubt in my mind that the only information you can get from them is different versions of this statement :

"case pending back ground/name checks".

Good luck to every one, and please share your stories.

[tomcat26]

Forumites,

Got my I-129 approved after PP... on day 14 (Maan they love their money dont they!!). But there seems to be some sort of error (according to my employer) in the validity period on the 797 so they have sent it back for a correction, which might take another 15-20 days. Apparently, my attorney was also going by the delay and got the info from USCIS that the security checks can/may get longer if you have visited/lived in/were born in other countries. Is he BS ing, no one will ever know I guess. My case was back after these checks before the PP application so it turned out to be just purchasing 2 weeks of hope. I am still waiting to push the celebrate button till it is all cleared. And to think this is only the beginning... good luck y'all!

~
tomcat

[desibabe]

congratulations on your h1 approval tomcat.

Not sure upgrading to premium processing will help? do you get new receipt number after you upgrade ? how to make sure its upgraded to premium processing?