Consular Process for H1b..Need Help urgent

[usaimg]

HI,

I got laid off on march 8th, 2011 till that time i was on H1B .So having the legal status i applied for COS H1 to H4 on march 28th.

Mean time i was looking for the job and got the offer from big MNC as a full time opportunity.

Due to the Company recruitment process they took 3 months time for giving the offer.

Now they applied H1B with Consular process instead of COS from H4(i have H4 filing receipt only) to H1.

here my concerns are

1) what is the H1B with Consular process.And please let me know the difference and risk factors between CP and COS.

2) Why they applied Consular process instead of COS.

3) What is the time frame to get approve H1B with consular process.

4) What are the risk factors for rejection or Approval.

5) How do i track filing status with CP.

6) Once H1B approved with Consular process what is the process to get H1B Visa stamp.Once it approved is there any time frame to get visa stamp.

7) For H1 stamping do i need to go for my home country or neighboring countries.(Note : I already have the first H1B visa stamp from my home country with previous company).

8) Is there any risk factors for visa stamping for H1Bs with consular process.

Please provide your valuable information for my above all concerns it would be great appreciate.

Thanks,
Vens

[shervin143]

1) what is the H1B with Consular process.And please let me know the difference and risk factors between CP and COS.
>>> If a petition is filed as a consular process, the approval will come without a new I-94. So inorder to work for the employer, you need to leave the country and return back in H1B visa and the newly approved petition. If you don't already have a valid H1B visa, then you need to get it stamped. On the other hand, COS will come with a new I-94 which will allow you to work immediately.

2) Why they applied Consular process instead of COS.
>>> Are you currently in H4 status. If not then you were out of status on H1B. In order to get the H1B approved as a COS, you need to handover the latest pay slips (provide you are in H1B status). If not, then you are out of status on H1B and the COS and the petition itself might not get approved. If you are currently in H4 status, then I am not sure why they filed the petition as a consular process. You should ask the employer.

3) What is the time frame to get approve H1B with consular process.
>>> The time frame is same for any H1B petition. 2-3 months by normal process and 15 days by premium.

4) What are the risk factors for rejection or Approval.
>>> It depends on your immigration history, company reputation and the documents they filed. It is not possible to answer hypothitical questions like these.

5) How do i track filing status with CP.
>>> Go to uscis.gov and track you status online by entering the receipt number.

6) Once H1B approved with Consular process what is the process to get H1B Visa stamp.
>>> Schedule a visa interview and attend the visa (Only if you don't have a valid H1B stamped in your passport). Once approved, return back in H1B visa.
https://www.immihelp.com/h1-visa-stamping-documents/

Once it approved is there any time frame to get visa stamp.
>>> No. You can attend the visa interview anytime before the petition expiry date.

7) For H1 stamping do i need to go for my home country or neighboring countries.(Note : I already have the first H1B visa stamp from my home country with previous company).
>>> You can attend the visa interview at your home country or Canada. You don't qualify to attend the interview in Mexico since you are not in valid H1B status anymore. If you had any out of status period in U.S, then it is advisable to attend the visa interview in your home country.
https://www.immihelp.com/us-visa-stamping-in-mexico/

8) Is there any risk factors for visa stamping for H1Bs with consular process.
>>> When it comes to visa stamping, it doesn't matter whether it is a COS or consular process. All that you need is a valid petition.

[usaimg]

Consular notification Process for H1b..Need Help urgent

Hi Shervin,

Thanks for your time and valuable information,here again i have few more question . please have a look on and suggest me .

1) what is the H1B with Consular process.And please let me know the difference and risk factors between CP and COS.
>>> If a petition is filed as a consular process, the approval will come without a new I-94. So inorder to work for the employer, you need to leave the country and return back in H1B visa and the newly approved petition. If you don't already have a valid H1B visa, then you need to get it stamped. On the other hand, COS will come with a new I-94 which will allow you to work immediately.

---- I have valid H1B visa from my earlier company where i got laid off,can i use the same visa to return to USA if yes, at POE if they see my I797 petition and my earlier VISA is it causes any problem at POE.


2) Why they applied Consular process instead of COS.
>>> Are you currently in H4 status. If not then you were out of status on H1B. In order to get the H1B approved as a COS, you need to handover the latest pay slips (provide you are in H1B status). If not, then you are out of status on H1B and the COS and the petition itself might not get approved. If you are currently in H4 status, then I am not sure why they filed the petition as a consular process. You should ask the employer.

---- I got laid off in Mar8th with 1 month paid notice and i told that i can transfer my H1B during paid notice period.then i applied COS from H1 to H4 on March28th to maintain the legal status here.But at present the COS application still pending status.So in my case i am not out of status.
Eventhough they applied consular notification process.

3) What is the time frame to get approve H1B with consular process.
>>> The time frame is same for any H1B petition. 2-3 months by normal process and 15 days by premium.

---- They sent in my filing with consular notification and i told it will take 4 to 6 weeks.Here can you suggest me if they apply with normal process,as you mentioned will take 2 to 3 months, so can i ask them to change to premium processing even after filing,any possibilities are there?

By normal process if it take more than 2 months then i will be in the US with out job almost 7 months from march, is it impact on my visa stamping?, do the VO raise any questions about this.

4) What are the risk factors for rejection or Approval.
>>> It depends on your immigration history, company reputation and the documents they filed. It is not possible to answer hypothitical questions like these.

---- Here is USCIS will come to know my COS H1 to H4 petition which is in pending along with the H1B consular notification petition.Do they think why my company applied consular process even i have already applied COS H1 to H4.


6) Once H1B approved with Consular process what is the process to get H1B Visa stamp.
>>> Schedule a visa interview and attend the visa (Only if you don't have a valid H1B stamped in your passport). Once approved, return back in H1B visa.

https://www.immihelp.com/h1-visa-stamping-documents/

---- After approval, do i have option to select the consulate any where for visa stamping or USCIS will notify me the in the approval copy about consulate where i have to attend for visa.And also while filing with consular process is there any option to select the consulate by my company?

7) For H1 stamping do i need to go for my home country or neighboring countries.(Note : I already have the first H1B visa stamp from my home country with previous company).
>>> You can attend the visa interview at your home country or Canada. You don't qualify to attend the interview in Mexico since you are not in valid H1B status anymore. If you had any out of status period in U.S, then it is advisable to attend the visa interview in your home country.

https://www.immihelp.com/usa-visas/visastampingcanadamexico/

---- In my case am i in out of status (even after i applied COS from H1 to H4 in march which is in pending as i mentioned above ), and also can i attend any nighboring country.


8) Is there any risk factors for visa stamping for H1Bs with consular process.
>>> When it comes to visa stamping, it doesn't matter whether it is a COS or consular process. All that you need is a valid petition.

---- My company sent in filing By normal process which will take more than 2 months then i will be in the US with out job almost 7 months from march, is it impact on my visa stamping?, do the VO raise any questions about this.

And also is there any chances to raise any questions about my COS H1 to H4 which i applied in march.


9)---- By mistake if my company filed H1B with consular process instead of COS from H4 to H1 ,is there any possibility to change my case from consular process to COS.So here what are the options i have even my company applied consular notification process.

[shervin143]

I have valid H1B visa from my earlier company where i got laid off,can i use the same visa to return to USA if yes, at POE if they see my I797 petition and my earlier VISA is it causes any problem at POE.
>>> Yes. You can use the existing H1B visa in the passport with the new petition to re-enter U.S as long it in remains valid. That is exactly what I have mentioned in my previous reply.

I got laid off in Mar8th with 1 month paid notice and i told that i can transfer my H1B during paid notice period.then i applied COS from H1 to H4 on March28th to maintain the legal status here.But at present the COS application still pending status.So in my case i am not out of status.
Eventhough they applied consular notification process.
>>> Well, in that case I am not sure why they applied for consular process. Only your employer can answer this question.

They sent in my filing with consular notification and i told it will take 4 to 6 weeks.Here can you suggest me if they apply with normal process,as you mentioned will take 2 to 3 months, so can i ask them to change to premium processing even after filing,any possibilities are there?
>>> Yes, they can change it to premium processing anytime for an additional $1250.

By normal process if it take more than 2 months then i will be in the US with out job almost 7 months from march, is it impact on my visa stamping?, do the VO raise any questions about this.
>>> If you have applied for the COS to H4 before your went out of status on H1B, then there are no issues. If the H4 COS was filed and pending, then you can remain in U.S without a job. If not, then it is an issue.

Here is USCIS will come to know my COS H1 to H4 petition which is in pending along with the H1B consular notification petition.Do they think why my company applied consular process even i have already applied COS H1 to H4.
>>> This is not an issue.

After approval, do i have option to select the consulate any where for visa stamping or USCIS will notify me the in the approval copy about consulate where i have to attend for visa.And also while filing with consular process is there any option to select the consulate by my company?
>>> If the petition was filed as a consular process, then the employer would have selected a consulate. You can book the visa interview at other U.S consulates too. Check with VFS helpdesk.

In my case am i in out of status (even after i applied COS from H1 to H4 in march which is in pending as i mentioned above ), and also can i attend any nighboring country.
>>> If the COS to H4 was filed before your last pay slip on H1B, then you are not out of status. You are allowed to stay at home based on the pending H4 petition. Regarding attending the visa interview at a neighboring country, look at the link that I provided in my previous reply.

By mistake if my company filed H1B with consular process instead of COS from H4 to H1 ,is there any possibility to change my case from consular process to COS.So here what are the options i have even my company applied consular notification process.
>>> There is nothing much you could do at this stage. When the H1B gets approved and if it comes with a new I-94, you can start working for the H1B sponsor. If not, leave the country and return back in H1B visa.

If the COS to H4 gets approved after the H1B, then your status will change to H4 and you cannot work. Search and read about the posts that talks about the last action rule.

[usaimg]

COS from H1 to H4 and filed H1B with consular notification (need help urgent)

Hi Shervin,

Thanks a lot for your suggestions.I need few more information on my query.

Lat week i came to know the RFE for my H4 status then i replied that RFE.

Here my question is still my H4 is pending for final approval since i replied RFE.

if my H1B gets approve before H4 since my new company filed with premium process .so in this case what are the options i have about my H4 and how i proceed on that.

Please let me know .

[shervin143]

if my H1B gets approve before H4 since my new company filed with premium process .so in this case what are the options i have about my H4 and how i proceed on that.
>>> If H1B gets approved and later H4 gets denied (breaking the bridge), then leave the country and return back in H1B visa. If H4 gets approved after the H1B approval, then you can no longer work since your status changed to H4. You have to leave the country and return back in H1B visa to start working again or file another COS from H4 to H1B and when that gets approved, you can start working again.

[usaimg]

COS from H1 to H4 and filed H1B with consular notification

Thanks for your input.Please clarify me few more queries.

If h1b gets approved but h4 is still pending can i cancel my h4 pending petition with RFE on the day received H1B approval . is it possible?

we replied RFE for h4 on last week so how long will take USCIS decision.

Now my company applied h1b with premium processing so is there any way to let the USCIS or requesting for taking any action on COS(H1 to H4) application before H1B approval.

My company has applied H1B with consular notification so if i get H1B approval i have to leave the country and get the visa stamp,so in my case even H4 approved after H1B or H1B approved after H4 i have to travel.so please let me know is it correct.

[shervin143]

If h1b gets approved but h4 is still pending can i cancel my h4 pending petition with RFE on the day received H1B approval . is it possible?
>>> You cannot. Since your H1B is filed as a consular process, it makes no sense to even try to cancel the H4. Your stay in U.S after the I-94 expiry date will become illegal if the H4 petition gets cancelled or denied.

we replied RFE for h4 on last week so how long will take USCIS decision.
>>> 2-3 months from the date of replying to the RFE.

Now my company applied h1b with premium processing so is there any way to let the USCIS or requesting for taking any action on COS(H1 to H4) application before H1B approval.
>>> No.

My company has applied H1B with consular notification so if i get H1B approval i have to leave the country and get the visa stamp,so in my case even H4 approved after H1B or H1B approved after H4 i have to travel.so please let me know is it correct.
>>> That is correct. If your H1B was filed as a consular process, then it doesn't matter whether H4 gets approved first or H1B gets approved first. In order to work in H1B status, your need to leave the country and return back in H1B visa.