As many of you are aware, the processing of H-1B extensions at both USCIS’ California Service Center (CSC) and Vermont Service Center (VSC) continues to be significantly delayed. Currently, the reported processing times for H-1B extensions at both service centers is mid-June 2015. This extreme delay is causing extraordinary hardship to affected employers and employees as the many pending petitions face the expiration of the automatic 240-day extension of continued status and employment authorization 8 C.F.R § 274a.12(b)(20).
American Immigration Lawyer Association (AILA) has been following up this issue with USCIS Service Center Operations (SCOPS). SCOPS has stated that “it is aware of the issue and is working closely with service centers to work through the backlog.” As to the reasons for the backlog, SCOPS reported a marked increase in H-1B filings, including Simeo filings, and noted that there has been an increase in premium processing petitions as well. SCOPS promised an update on its progress during next month’s call with AILA, which is scheduled for March 9, 2016. In the meantime, attorneys and employers should be cautious about the expiration of 240-day employment authorization and ensure that employees do not work without authorization.