I129 processing time (H1-B) more than 4 months

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balilanai

Registered Users (C)
I had applied for H1 visa in April 2007 and had also received a receipt. The case status on uscis.gov says the following (see below). The processing times for I129 on their web site for my category are 60 days and its been more than 120 days for me. My H1 visa should be effective from Oct 1 2007 ( in 2 weeks).
Should I be concerned? Is there anyone else who is in the same situation as I am?

My case status on uscis.gov says "

Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: Case received and pending.

On April 24, 2007, we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done.
 
balilanai said:
I had applied for H1 visa in April 2007 and had also received a receipt. The case status on uscis.gov says the following (see below). The processing times for I129 on their web site for my category are 60 days and its been more than 120 days for me. My H1 visa should be effective from Oct 1 2007 ( in 2 weeks).
Should I be concerned? Is there anyone else who is in the same situation as I am?

My case status on uscis.gov says "

Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: Case received and pending.

On April 24, 2007, we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done.
Click to expand...

You don`t have to worry since you have submitted application before current H1B expires. They will issue new one from the date of expiration date. You can stay legally as long as your I129 is pendind.
I am not a lawer.
 
goviks said:
You don`t have to worry since you have submitted application before current H1B expires. They will issue new one from the date of expiration date. You can stay legally as long as your I129 is pendind.
I am not a lawer.
Click to expand...

One of my colleagues and myself are in the same boat. It's taking forever to get the extention. My lawyer told me the same thing. I don't know if anyone else can verify this with similar experience. The situation does make me concern. Thanks.

balilanai -- I have heard approvals of my other colleagues who submitted their applications in mid-April, so I think you should get your approval notice really soon.
 
Clarification

Thanks for your response, some of you may have misread my question. I did NOT apply for an extension. I had applied for a new H1B visa (through my employer) on April 9th. I made the quota because I have a graduate degree from the US.

I got a receipt on April 27th and since then no updates. It says that Vermont Center takes 90 days to process. Its been almost 140 days for me.

My question is: Is there anyone else here who is waiting as long as me THIS YEAR ? Should I worry?? October 1 is approaching.
 
I see. Sorry I am not sure about the new H1B process time. But according to the process time report published each month. Vermont Center has been processing almost the same date (Late April) since July report at least for the extension cases. The process date has not moved in two months. I would suspect a simliar situation for new H1Bs. I think we should all contact our attorney and raise the concern.
 
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