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URGENT - H1 Consular Processing or H1 Portability
Hi,
I was working with Company A on a valid H1 approved till Oct 2014. Later i quit Company A in April and at the same time i applied for conversion to H4.Later in June i got and employement offer with Company B and they filed my H1 Transfer on June 4th ( Please note that my H4 was not yet approved when they filed). The employer/immigration specialist after consulting with their attorney, told me that since the H4 is not yet approved and you have a valid H1 approval till Oct 2014 you are good to start work with the reciept and need not wait for the approval . Also they aked me to send a mail informing USCIS about the case and asking them to revoke my H4status. Later i got my H1B approval with the company B starting from November. Now im in the process of changing my employer and they looked at my case and said that company B had not followed the portability rules properly and i had worked without authorisation for 3 months , and they see a risk now. Now they are asking me to do either of the 2 options
1. Exit US, get the visa stamped with the current approval from company B. Once i enter US with a clean record, they can file my H1B portability with my new Company C
2. They will file a consular processing on my behalf with company C, so that they need not follow the portabbility rules, and I continue to work in US under my current employer B. Once the new petition is approved, i exit US and re enter after visa stamping using my new Employer C
I need to know the pros and cons of both the options and which would be best option for me.
I know that there is risk of me loosing my H1, if they find out that i have worked here without authorization for 3 months while my H1Btransfer was pending.
Please consider this as urgent.
Appreciate your help !
Reagrds,
Neha
I was working with Company A on a valid H1 approved till Oct 2014. Later i quit Company A in April and at the same time i applied for conversion to H4.Later in June i got and employement offer with Company B and they filed my H1 Transfer on June 4th ( Please note that my H4 was not yet approved when they filed). The employer/immigration specialist after consulting with their attorney, told me that since the H4 is not yet approved and you have a valid H1 approval till Oct 2014 you are good to start work with the reciept and need not wait for the approval . Also they aked me to send a mail informing USCIS about the case and asking them to revoke my H4status. Later i got my H1B approval with the company B starting from November. Now im in the process of changing my employer and they looked at my case and said that company B had not followed the portability rules properly and i had worked without authorisation for 3 months , and they see a risk now. Now they are asking me to do either of the 2 options
1. Exit US, get the visa stamped with the current approval from company B. Once i enter US with a clean record, they can file my H1B portability with my new Company C
2. They will file a consular processing on my behalf with company C, so that they need not follow the portabbility rules, and I continue to work in US under my current employer B. Once the new petition is approved, i exit US and re enter after visa stamping using my new Employer C
I need to know the pros and cons of both the options and which would be best option for me.
I know that there is risk of me loosing my H1, if they find out that i have worked here without authorization for 3 months while my H1Btransfer was pending.
Please consider this as urgent.
Appreciate your help !
Reagrds,
Neha
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