I-129 Transfer Processing Exceeds 6 Months Amid Filing Errors

An employer posting to Reddit's H-1B community has reported that an I-129 petition filed to transfer an employee to their company has been pending for over six months, with no resolution in sight. The petition was filed in September, and as of the post date had been waiting for six months and eleven days without adjudication. Complicating the situation, the employer discovered post-submission that the original reviewing attorney failed to identify errors in the petition packet. A second attorney, consulted in connection with a potential PERM labor certification process, identified these mistakes and recommended refiling the petition using premium processing to expedite adjudication. This case highlights ongoing concerns about I-129 processing delays at USCIS, which have been a persistent issue for employers sponsoring workers. Standard processing times for I-129 petitions can vary significantly by service center and visa category, and delays beyond published timeframes are not uncommon. For EB-3 applicants and their sponsoring employers, this scenario underscores the importance of thorough legal review prior to filing. Errors in immigration petitions can result in Requests for Evidence (RFEs), denials, or the need to refile, all of which add time and cost to an already lengthy process. Employers facing similar delays or who discover errors in pending petitions should consult with a qualified immigration attorney about options including premium processing upgrades where available, withdrawal and refiling, or responding to any government correspondence promptly.