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Please suggest: Employer wants me to travel to India for H1B Consular processing

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  • Please suggest: Employer wants me to travel to India for H1B Consular processing

    My H1B is 6+yrs and I have an I140 approved in 2011.
    I got laid off on H1B on 16Feb2016, applied for H4 on 22Feb2016. While my H4 is still pending H1B RFE, I found an employer in July2016 who is willing to sponsor H1B visa. But the company’s attorney is asking me to go to India, once I’m in India they want to apply for the H1B petition Consular processing. Once approved, they want me to get the stamping done and come back. Is it true that I have to go to India before the H1B is applied? I have informed the employer that I can go for stamping once H1B is approved but the Attorney is very adamant about it, please suggest.

  • #2
    You might be better served going with professional legal counsel advice than something suggested on a volunteer forum here. Just a thought..

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