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H1B transfer for employee approved for Consular processing instead of I-94 processing

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  • H1B transfer for employee approved for Consular processing instead of I-94 processing

    We had a strange thing happen and are wondering if anyone has had this experience and has any insight into why:

    We wanted to hire an employee currently working in the US with another company. We applied for a I-94 H1B transfer and got a Consular processing approval, meaning, in order for him to join our company, he has to fly back to India and get Visa stamping done there. Per our attorney, all the paperwork was filed correctly and they are just as baffled as to why the approval came this way. Because we did regular processing, I am told that the attorneys have no way of contacting USCIS to find out why they processed it this way. Anyone have this happen? Any insight would be greatly appreciated!

  • #2
    Hi Member,
    Sometimes USCIS will be approving the petition that we would not have requested the categories. But it can be resolved, in order to file another petition. And other option is, raising appeal on the approved petition.
    Thanks

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