** H1B stuck since 7 months after RFE

[tourister]

Hi,

Application - WAC10## CSC California center, Normal processing
H1B App Date - 2nd Week Mar 2010
RFE Date - 4th Week Jul 2010
RFE response - 2nd Aug 2010
review Date
Approval/Denial - ??

USCIS shows RFE review status since 2nd Aug 2010, it's been 7 months and no response yet . Employer wouldn't upgrade to PP owing to budget contraints. USCIS replied to company executive saying verification sometime takes longer. No concrete response.

Need advise on what could be the next steps. What dates of RFE California center is processing now , any idea?

[shervin143]

Each case is different. Your company attorney can take an infopass appointment with USCIS to discuss the progress of your case since it has been too long since applied. The problem now is, if your extension gets denied, then your stay in U.S after the I-94 expiry date is considered illegal and it will cause a lot of issues. If you have stayed more than 180 days past I-94 expiry date, you can get upto 3 year ban and if you have stayed more than 365 days past the I-94 expiry date, then you could get upto 10 years of automatic ban. So it is very much advisable to upgrade the case to premium. If the company is not ready to pay for it, then you can do it.

[tourister]

Thanks for time on my query.
Am aware of what you said. This is not an extension but a new visa. I've usually not seen such long response time.

And how can I pay for upgrade of the visa my company applied for. I can do that. Please tell of the procedure if you are aware.

[shervin143]

Doesn't matter whether it is a new petition or an extension. If it takes more than 90 days from applying, then your company atorney can take an infopass appointment.

You can pay your employer $1250 for premium processing and they can upgrade the case to premium.

Thanks for time on my query.
Am aware of what you said. This is not an extension but a new visa. I've usually not seen such long response time.

And how can I pay for upgrade of the visa my company applied for. I can do that. Please tell of the procedure if you are aware.

[tourister]

Trying to push for an infopass apointment. Let's see how it goes. Not sure if the employer is going to agree to me paying. . I'll post the outcome.

Thanks