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H-1B Tracker: Discuss Individual Case

 
H-1B case: Pending for 579 days (510 days more than average*)  (View approval trend)
User: gonecrazy Service Center: Vermont
Category: New H-1B USCIS Received Date: 04 May 2007
Receipt Number: EAC-0715151561 RFE: yes
RFE Reply Date: Processing Type: regular
Status: pending Approval/Denial Date: N/A
Nationality: India Last Updated: 17 Nov 2008
Notes: Hi all after more than 18 months there is a change in the status of my application. Now it shows request for additional evidence sent

*This is the average approval time in the last 1 year for new H-1B applications with no RFE. (RFE = Request For Evidence)
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Users currently watching this case: bluenoise, varunsingh, atin19, sameerzia, homer4all, sirasu, skoduri
13 Comments
 Posted by atin19 on 25 Jun 2008
Hey why u r case is pending so long, any specific reason, did your attorney contacted USCIS about the same
 Posted by bluenoise on 22 Jul 2008
Do you know why it is taking so long?
 Posted by gonecrazy on 15 Oct 2008
yeah they said that my application is under name check process.
 Posted by sirasu on 16 Oct 2008
did u recieve the mail regarding what it is all about your RFE.
 Posted by gonecrazy on 16 Oct 2008
no not yet even my consultant is waiting for the mail...sirasu do you have any idea if these kind of cases will get approved or rejected.
 Posted by bluenoise on 16 Oct 2008
gonecrazy,

Name check is usually reserved for I-485 and N-400 applications. Are you sure they said the word 'Name Check' and not the security or background check?

H-1B applications are only subjected to IBIS security check which is usually very quick. For some cases, however, it may take a lot longer especially if the 'additional review' is required to resolve the 'hits' by the IBIS security check. The review is usually performed by USCIS background check unit and may take a while to get resolved.
 Posted by gonecrazy on 16 Oct 2008
hmmm i was informed that it was name check....ok i understand what you say but can you give a clear picture about my case if you have any idea...i have no clue y did it take 18 months for the process....then it was rfe but not approval...can i take it as a good sign
 Posted by bluenoise on 16 Oct 2008
gonecrazy,

My case background:
I am on the same boat. I have been waiting for my H-1B approval for over seven months. I contacted local congresswoman and senators; tried Ombudsman; wrote to the first lady and Michael Chertoff; asked my employer to contact USCIS, but all in vain. Every time the USCIS reply, with slight modification of words, was, "the case is under review by our background check unit and remains pending until the background issues are resolved."

The Latest:
Recently I visited the local USCIS office and explained my predicament. The officer said the local office can’t take any action on my case but he printed me a piece of paper titled ‘USCIS Expedite Criteria’, which you can find at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCRD&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190aRCRD

He advised me to ask my employer to send a request for an expedited processing directly to the California Service Center (mailing address provided on I-797). He further said the USCIS will consider my request if it meets any of the merits listed in the link provided above. Hence, I prepared a request which primarily contained three recommendation letters from the faculty members stating that my absence from the job is creating an emergent staffing situation which will impede the progress of many research projects. Last week, the university HR mailed the request to the California Service Center and now we are waiting for a reply.

I will let you know if anything positive comes out of this.
 Posted by gonecrazy on 16 Oct 2008
i have been waiting from past 18 months....now the status has changed....i was under an impression that there would be no act to make the processing going. Now does it mean that my background is done and further processing is started. What kind of check does they do when they mean background check...i dont stay in US...thats sounds really interesting...
 Posted by bluenoise on 16 Oct 2008
What does your LUD status say, and what was your RFE about?

I think receiving an RFE is good news in a sense that at least someone was working on your case, and they usually don’t work on a file that is pending background checks. My file is stuck in the background check unit and USCIS has been telling me all along that they can’t process my case any further unless it is released from the background check unit. So, receiving an RFE may indicate that your file has cleared the background checks and is currently being processed.

To answer your other question, no one knows for sure what all these background checks are all about. My understanding is that if you share name, nationality, DOB, or something information with a known/suspected terrorist or criminal then they have to investigate to make sure that you are not that guy. Sometimes the background checks are also directed towards the company and not you. If the company that sponsored your H-1B is under investigation for some kind of fraud, your case may get stuck.
 Posted by gonecrazy on 16 Oct 2008
ok..hmm then i have to glad that finally my file is cleared from the checks with clean chit..and is going forward...hopefully it will be approved in no time..i have to inquire about what rfe was that once my emp gets a mail on that....
 Posted by gonecrazy on 23 Oct 2008
hi bluenoise...the rfe was about the end client letter. They have asked for that letter it seems. What could be the result of my application.
 Posted by homer4all on 26 Oct 2008
Hi,

I am also waiting for nearly 11 months.
Applied for my fresh H1b from Sydney and case gone into 221(g)- Administrative query.
Indian origin and new Australian citizen. Interview date 11-Dec-2007.
Case status change on 12-Aug-2008 on USCIS website.
Current Status: This case has been received from the State Department with a request we review it

Users any idea what happens next because this wait is just killing now?

Thanks,
Homer
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