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H1B- consular processing or adjustment of status?

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  • H1B- consular processing or adjustment of status?

    Hi,

    I'm a J1 physician about to start my J1 waiver. I am currently in the US on J1 status and have never had a J1 stamped in India (came to US on a B1 5 years ago.) I want to go home before starting the job, and my lawyer suggested getting consular processing for H1B as that would allow me to travel home while the application is in process, rather than going for adjustment of status which would require me to stay in the US until the application is approved.

    Does anyone have experience with this? Is there a chance of rejection because of the fact that I came to US on a B1? What are my options in case of a rejection?

    Thanks!

  • #2
    Your lawyer is right. If you have plans to go out of the country when the petition is pending with USCIS, then you should go for consular process. If you have no plans to leave the country, then you can file a COS and once the COS gets approved, you can start working for the H1B employer from the H1B effective date.

    Irrespective of whether you file the H1B as a COS or Consular Process, you will need to go for the visa stamping whenever you leave the country and want to return back to U.S in H1B status.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Your lawyer is right. If you have plans to go out of the country when the petition is pending with USCIS, then you should go for consular process. If you have no plans to leave the country, then you can file a COS and once the COS gets approved, you can start working for the H1B employer from the H1B effective date.

      Irrespective of whether you file the H1B as a COS or Consular Process, you will need to go for the visa stamping whenever you leave the country and want to return back to U.S in H1B status.
      Thanks, shervin143!

      I understand that, and am planning to go back to India before I start, probably for consular processing. Is there any difference in the rates of approval for a COS/Consular process? There probably isn't any data for that, but anecdotally?

      Comment


      • #4
        No. Everything remains the same including the rate. COS will come with a new I-94 (so you can immediately start working for the H1B employer) and consular process will not come with a new I-94 (So you need to get the H1B stamped and return back in H1B visa to work for the H1B sponsor).

        Originally posted by enjay View Post
        Thanks, shervin143!

        I understand that, and am planning to go back to India before I start, probably for consular processing. Is there any difference in the rates of approval for a COS/Consular process? There probably isn't any data for that, but anecdotally?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Ah. I just saw you had responded to my (similar) post in the past. Thank you so much!

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