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  • H1 b thru consular processing

    Hi,
    Can anyone let me know what is h1 b consular processing?
    I heard if h1b is approved thru this we need to go out of USA for stamping.
    Please let me know if anyone has info on this

    Thanks

  • #2
    If H1B is approved as a Consular Process (No I-94 attached to the approval notice), then you need to get it stamped and return back in H1B visa to get to H1B status and start working. Until you do that, you will continue to remain in the status on which you were before the approval came (Assuming you are inside U.S).
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      If H1B is approved as a Consular Process (No I-94 attached to the approval notice), then you need to get it stamped and return back in H1B visa to get to H1B status and start working. Until you do that, you will continue to remain in the status on which you were before the approval came (Assuming you are inside U.S).

      I have my I-94 which is valid until Octoberand if my h1 with previous employer is cancelled, does that mean i am out status if i get H1b thru consular process.
      Does that mean i have to leave US as soon i recieve the H1 b apporval and get stamped?

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      • #4
        You won't be just out of status, your presence in the country will become illegal after your current I-94 expiry date. So you should plan to leave the country before the current I-94 expiry date if the H1B with the new employer is filed as a consular process. Also, if you decide to stay until your current I-94 expiry date, then you should have proper pay slips until then to prove that you were not out of status.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          You won't be just out of status, your presence in the country will become illegal after your current I-94 expiry date. So you should plan to leave the country before the current I-94 expiry date if the H1B with the new employer is filed as a consular process. Also, if you decide to stay until your current I-94 expiry date, then you should have proper pay slips until then to prove that you were not out of status.
          What do they look for when we go to stamping for h1b?
          Does they look in documents from present as well as past employer?
          Do they look into the past history or just for the documents from the present employer?

          Comment


          • #6
            They look into everything. Irrespective of which employer you are currently working, you will need to carry the W2's from all the employers.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by shervin143 View Post
              They look into everything. Irrespective of which employer you are currently working, you will need to carry the W2's from all the employers.
              I heard that they will look into documents from the present employer and payslips from the present employer and not of the past employers?
              If the current employer provides documents that i am needed for their project which i am already on it, will that work in my favor
              Or this will same as going h1b extension stamping with everything from past and present employers
              Last edited by NavinR; 08-23-2010, 04:24 PM.

              Comment


              • #8
                Check the required document list in the below link and you will figure it out yourself.


                The VO can ask for any document and if you don't provide it, then you will get a 221g. Sometimes if you are lucky, they won't check the previous W2's.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Hello NavinR,
                  Did you go for H1-B Stamping to INDIA, My H1-b Application was also applied thru consular processing. I am in the Same situation as ur in. Please let me know your experience.

                  Comment


                  • #10
                    Originally posted by sameerguptha View Post
                    Hello NavinR,
                    Did you go for H1-B Stamping to INDIA, My H1-b Application was also applied thru consular processing. I am in the Same situation as ur in. Please let me know your experience.
                    Hi,
                    It would be really helpful if you guys can share the procedure and your experience in doing this.

                    I got my H1 approved by consular processing. My current F1 is valid till June of this month. What is the procedure and documents needed to get done with the transition?

                    Appreciate your help!

                    Thanks,
                    Brag

                    Comment

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