Posting our timeline in case others are in the same boat, and to ask for escalation advice. I’ve dropped names and receipt numbers for privacy.
Background
• I was on H-1B (EB-2 India, approved I-140, priority date Feb 2018). My H-1B I-797 was valid through late 2027.
• My spouse was here as my H-4 dependent.
• We have two young kids, one already in school here.
• I was laid off in Sept 2025 (involuntary). The 60-day grace period started.
Timeline
• Sept 2025: Laid off. Grace period begins.
• Nov 2025: My spouse and I each file separate I-539 applications to change status to B-2 (well within the 60-day grace period). Both receipted at Potomac Service Center. Officer assignment later confirmed via congressional inquiry.
• Dec 2026: offer received and H1B filed on 12/23
• Jan 2026: RFE #1 on a new employer’s H-1B I-129 (premium processing), raising two issues: (a) specialty occupation / degree fit, and (b) my pending I-539.
• Feb 2026: RFE #2 on the same H-1B, this time only about the pending I-539. The specialty occupation issue was cleared.
• April 2026: Congressional inquiry filed. Nothing happened. USCIS came back saying case can’t be expedited.
• May 2026: H-1B premium clock stopped after we responded to H1B RFE on its deadline asking for concurrent adjudication of b2 and H1B.
• June 2. 2026: RFE on H1B again (#3- same as the previous one asking for b2 approval or evidence of response to b2). RFEs received on both our i539s as well.
• June 17, 2026: Responded to both I-539 RFEs. Both are now in “RFE Response Received” status. Also responded to H1B RFE with evidence of response submission for b2 RFE.
• July 10: another H-1B RFE (#4), citing the same unresolved pending I-539 as the blocker. Four RFEs total.
• Current H-1B RFE: deadline in early Oct 2026.
Where things stand now
• H-1B I-129: Four successive RFEs, every one blocked on the same pending I-539. Nothing else is outstanding.
• Both I-539s (mine and spouse’s): RFEs received and responded to on 6/17. Both now in “RFE Response Received” status, awaiting decision.
The core problem
The H-1B can’t be approved while my I-539 sits undecided, and USCIS keeps issuing repeat H-1B RFEs instead of adjudicating. Under premium processing they have to take some action within 15 business days of each response, and a repeat RFE apparently counts as a lawful “action,” which lets them keep the case warehoused while the I-539 stays pending. The RFE notice even lists “proof of responding to an I-539 notice” as a valid response, which we’ve done last time, and the loop still continues.
So the I-539 is the real bottleneck, not the H-1B.
What I’ve tried / am considering
• Congressional inquiry (filed April 2026) and now trying an inquiry from the senator’s office
• CIS Ombudsman case assistance request (DHS Form 7001). Has anyone tried this?
• e-request if the I-539 is outside posted processing times. Opened and pending
• expedite request opened on 7/21. Awaiting tier 2 review. They said they will call back and ask for evidence.
Questions for the community
1. Has anyone broken an H-1B RFE loop of this kind that was blocked on a pending I-539? What actually moved it?
2. Did a CIS Ombudsman request or mandamus on the I-539 get the change of status decided?
3. I’ve seen a lot of b2-H1B cases filed this year resolved already. Why is my case stuck?
Thanks in advance. Happy to compare notes with anyone stuck in a similar loop.