USCIS now accepting inquiries for extension of stay / change of employer petitions pending for more than 210 days

As many of our clients have noticed, a number of Form I-129 petitions requesting an extension of status or change of employer have been pending with USCIS for over 8 months (240 days). The majority of the Form I-129 petitions experiencing these delays affect H-1B employees. As a result of this backlog, employers and foreign nationals have needed to upgrade a large number of petitions to premium processing, at a cost of $1,225 per petition, in order to permit foreign nationals to travel abroad or receive their approval notice in a timely fashion. While USCIS has not provided an official explanation for these unprecedented delays, last month the agency publicized efforts to address the situation. On April 21, 2016, USCIS announced they were implementing a new system to permit employers or their attorneys of record to inquire about the status of certain Form I-129 petitions that have been pending for more than 210 days. 
 
Employers and attorneys can either submit a request online at  https://egov.uscis.gov/e-Request/Intro.do (select the option "case is outside normal processing time") or by calling the National Customer Service Center at 1-800-375-5283 (TDD for deaf and hard of hearing: 1-800-767-1833).  To check on a case status, one must be ready to provide the receipt number, filing date, and the foreign national employee's date of birth.   

USCIS transfers cases in an effort to address processing delays

Responding to the need to develop more streamlined processing of various applications and petitions and decrease processing times, USCIS announced a series of case transfers in March. As of March 28, 2016, the Potomac Service Center will process all I-765 Applications for Employment Authorization filed by F-1 and M-1 students seeking Optional Practical Training. All such applications will be marked with the prefix "YSC" to note that the application is at the Potomac Service Center.

The Vermont Service Center ("VSC") has begun to transfer some H-1B and H-4 cases to the Nebraska Service Center ("NSC"). Specifically, the VSC will transfer certain Form I-129 Petitions for Nonimmigrant Workers for petitioners requesting H-1B classification, Form I-539 Applications to Extend/Change status for H-4 classification, and Form I-765, Applications for Employment Authorization for H-4 eligible dependents. Petitioners should refer to the form instructions and the filing addresses listed on the USCIS website and, when applicable, continue to file petitions with the VSC. The VSC will then decide which cases to transfer to the NSC.  In cases where an I-129 is transferred to the NSC, any Form I-907 upgrade for premium processing should be sent to the NSC.

Similarly, USCIS may transfer certain L-1 and L-2 cases from the VSC to the California Service Center ("CSC"). The processes affected for L-1 and L-2 beneficiaries will include certain I-129, I-539 and I-765 applications. Petitioners should still refer to the form instructions and the filing addresses listed on the USCIS website and, when applicable, continue to file petitions with the VSC. In cases where an I-129 is transferred to the CSC, any form I-907 upgrade for premium processing should be sent to the CSC. For more details and to review the official press releases, please visit USCIS's website's News and Alerts section and click the links for the alerts from March 29, 2016.