H1B renewal - Consular option

[[email protected]]

I'm employed on H1B (16th year on H1B and GC processing is in progress) and on US payroll. However I'm currently in India and unable to travel back to US due to travel restrictions and expired visa stamping.

With my I-797 expiring soon, H1B renewal application is being submitted but as a consular option and it would be of immense help if I can get some details on below questions.

1. With new petition filed as a consular notification, when my current H-1B expires, can I still be employed on US payroll (while staying in India) before obtaining new H-1B Visa and re-entering US?
2. Usually how long will it take to get a decision from USCIS for a H-1B application submitted as consular notification?
3. Is premium processing available/applicable for a H-1B application submitted as consular notification?
4. As my current GC processing is in progress (priority date is current), does this situation affect validity of my current GC application and ability to file I-485?

Thank you in advance.

[rkk09]

Hi,
Please see my response below.
With new petition filed as a consular notification, when my current H-1B expires, can I still be employed on US payroll (while staying in India) before obtaining new H-1B Visa and re-entering US?
Answer: It depend upon your Employer decision. Anyhow, right now you are not in the country, your H1B status will not be counted. When you file Ext petition, USCIS will see, whether you have job offer available when you come to the USA. Same thing will be verified when you go for visa stamping along with other verification process.
Usually how long will it take to get a decision from USCIS for a H-1B application submitted as consular notification?
Answer: It is depend on which service center your Employer us going to file for. But if you file under normal process, it may take two to three months approximately. On another hand, if you filed under premium, within 15 days you will get to know the initial status.
Is premium processing available/applicable for a H-1B application submitted as consular notification?
Answer: Yes. Premium option is available for now and it is applicable for even consular processing petitions.
As my current GC processing is in progress (priority date is current), does this situation affect validity of my current GC application and ability to file I-485?
Answer: I dont think so, it will create a problem. But please make sure to present in the USA, when you file Adjustment of status petition.
Thanks

[[email protected]]

Hi,
Please see my response below.
With new petition filed as a consular notification, when my current H-1B expires, can I still be employed on US payroll (while staying in India) before obtaining new H-1B Visa and re-entering US?
[
B]Answer[/B]: It depend upon your Employer decision. Anyhow, right now you are not in the country, your H1B status will not be counted. When you file Ext petition, USCIS will see, whether you have job offer available when you come to the USA. Same thing will be verified when you go for visa stamping along with other verification process.
Thanks

Is it legally possible to be employed on US payroll between when my current I-797 expires and when I activate my consular H1?

[rkk09]

Hi,
Is it legally possible to be employed on US payroll between when my current I-797 expires and when I activate my consular H1?
Answer: You can not be considered as H1B Employee when you dont have H1B status and not in the country. If you are in foreign and you dont have visa status, you will be considered as consultant and you can get paid in your home country account as consulting charge or fees or salary.
When you want to renew your H1B at the time you are in your home country, your H1B status will be considered and approved for future days.
Hope this clarifies.
Thanks