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Consular processing of H1B in India?

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  • Consular processing of H1B in India?

    I'm a physician completing my training on a J1 and getting ready to start a waiver job on an H1. As I want to go to India, my lawyer has advised getting consular processing for my H1 in India.

    My question is- is there a higher risk of rejection of H1 in India vs. getting it approved here in the US? My only reason for wanting to get the processing done in India is that it would give me more time with my family before I start the job. Does anybody have current data on the Delhi consulate and if there have been recent unexpected rejections? I would appreciate all advice.

  • #2
    You don't have an option. Even if your H1B petition is filed as a COS instead of consular process, when you leave the country, you need a valid H1B visa stamped in your passport to return back in H1B status. The H1B visa rejection is based on a lot of factors. Search and read about the posts related to '221g' or 'admin process' in immihelp. In most cases the visa gets rejected or gets into admin processing only when you don't have a direct employer. If your employer is a consultancy company, then do expect delays.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you, shervin143!

      I understand that I would have to get an H1B stamped if I go to India anyway, but is getting a COS, waiting a couple of months and then going preferable to consular processing in India itself?

      I won't be working for a consultancy, but a federally qualified health center.

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      • #4
        It makes no difference. If you are NOT planning to go out of U.S until you get the H1B approved, then you can go for the COS. When the COS gets approved (the approval notice will come with a new I-94), you have to be immediately employed with the H1B sponsor and get paid until the time you remain in U.S in H1B status. When you leave the country, you will need to return the I-94 that comes with the approval notice.

        If you are not planning to stay in the country until a decision is made on your H1B petition, then it has to be filed for consular process. To work, you need to get the H1B stamped and return back in H1B visa.



        Originally posted by enjay View Post
        Thank you, shervin143!

        I understand that I would have to get an H1B stamped if I go to India anyway, but is getting a COS, waiting a couple of months and then going preferable to consular processing in India itself?

        I won't be working for a consultancy, but a federally qualified health center.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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