Long delay of H1-B approval due to pending security check

Infoseek88

New Member
Hi,

I worked for Company A for 4 years and joined Company B in Jun/2003. My I-94 was valid till Apr/2004. Company B applied for my H1-B transfer in May/2003 (California Service Center) and I haven’t got my approval yet. Since it was taking so much time, changed my case to premium processing in Mar/2004. After changing to premium processing, heard from USCIS that my case is pending for security check. Since I was involved in a trespassing case, I sent a self explanatory letter with police report and court fine receipt to USCIS to expedite the process. But no communication from USCIS about my case after that.

Also I am nearing my 6-year H1-B limit (Dec/2004) and I haven’t applied for GC.

My questions are,

1. I haven’t got my H1-B approved since May/2003 and 240 days grace time has elapsed. Will there be a problem although my I-94 was valid till Apr/2004 ?
2. If I don’t get my H1-B approval before I leave the country, will that affect my application for H1 or visitor visa in future if I ever decide to come back to USA ?
3. How do I expedite the process ?
4. If it gets rejected what are my chances of reapplying or how long will I have time to leave the country ?

Thanks.
 
Infoseek88 said:
Hi,

I worked for Company A for 4 years and joined Company B in Jun/2003. My I-94 was valid till Apr/2004. Company B applied for my H1-B transfer in May/2003 (California Service Center) and I haven’t got my approval yet. Since it was taking so much time, changed my case to premium processing in Mar/2004. After changing to premium processing, heard from USCIS that my case is pending for security check. Since I was involved in a trespassing case, I sent a self explanatory letter with police report and court fine receipt to USCIS to expedite the process. But no communication from USCIS about my case after that.

Also I am nearing my 6-year H1-B limit (Dec/2004) and I haven’t applied for GC.

My questions are,

1. I haven’t got my H1-B approved since May/2003 and 240 days grace time has elapsed. Will there be a problem although my I-94 was valid till Apr/2004 ?
2. If I don’t get my H1-B approval before I leave the country, will that affect my application for H1 or visitor visa in future if I ever decide to come back to USA ?
3. How do I expedite the process ?
4. If it gets rejected what are my chances of reapplying or how long will I have time to leave the country ?
***** you need good lawyer for your options
Thanks.
 
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