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H1B job change : Consular petition

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  • H1B job change : Consular petition

    Hello all,

    I had a few questions on consular petition.

    I have been working with a firm in the USA on H1B visa which is valid till Aug 2019. My current firm applied for an extension in the beginning of the year, and I got an extension on my visa for until December 2020. I had come to visit India for personal purposes in August and thought I would get the passport stamped through Dropbox based on the recent i797 to reflect the recent date. However, I was called for an interview at the consulate and was put under admin processing. I am currently stuck in India until the admin processing is complete and I get my visa stamped.

    However, back in June of this year, I sat for an interview with another firm, got an offer, and accepted it as well. The firm wanted to begin the visa transfer once I return to the USA. However, USCIS will be suspending premium processing starting September 11 and I don?t know of the definitive date of my travel back to the USA, they plan to send a consular petition.

    I have a few questions:

    1. Are there any risks associated with a consular petition?

    2. What are the processing timelines for a consular petition vs a change of status petition (petition applied while I am in the USA itself)?

    3. Assuming I get my passport back with the newly stamped visa (based on the extension applied through my current firm) in the next 2-3 days, can I travel back to the USA as soon as I get it, or is it that I cannot travel to the USA until the consular petition for transfer goes through?

    4. If I do travel back to the USA in the next week or so, will there be any concerns at the port of entry or in my getting a new i94?

    5. Will my travel back to the USA based on the stamped visa for my current firm affect the timelines and processing of the consular petition in any way if I travel back in the next week or so?

    Any help is greatly appreciated.

    Thanks,
    Sadiq
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