Because of covid, I was unable to get my H1b stamped. There were few lawsuits filed on this entry ban, including support by Google, Apple, Facebook on the impact to US economy with this ban. Administrative Processing Information. Foreign nationals in H1B status can travel outside the US and re-enter the United States as long as they have a valid H1B nonimmigrant visa stamp in their passport. After approval, USCIS will send the petition to the National Visa Center (NVC), and the applicant will be interviewed at a US consulate or embassy after submitting his application for immigran… H1B to F1 consular processing ; Q&A. The Travel Ban for H1B, L1 and other visa holders is extened until March 31st, 2020. My H1B petition was approved for consular processing. H1B extension approved with Consular processing means your H1b visa was approved without change of status. My employer is asking me to go to Mexico for stamping as In-Person Visa Appointments were cancelled in India because of Corona Virus Epidemic. My H1B stamp on my passport was expired on 12/31/2017. What’s the best approach now and How long I can stay in the US. Scheduling the interview may be conducted at the closest U.S. consulate or embassy. Your new employer will file H1b transfer. Some of these include: Time: Generally, consular processing will only take approximately six to nine months in most cases, depending on which U.S. consulate you use. This facility is provided, since there is always a mad rush for booking slots at various consulates. Premium processing for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 2019. Immigration. she started working in H4-EAD for her employer X since this Jan 2020 and the same time her H1B also got approved in Jan 2020. now her … Applicants for H1B, ... Consular Section, U.S. Embassy in the Philippines 1201 Roxas Boulevard Ermita, Manila Philippines 1001. My H1b was picked in lottery in 2019 and I got the h1b approval as consular processing in Jan 2020. Finally, once your priority date is current, you will need to decide between two options: adjustment of status and consular processing. A. H1B 60 days grace period ended on 06/14/2020 and the expiration date on this H1b visa is 06/28/2022. Given the processing delays I am trying to move to H1B.I have a approved I140 and based on that my employer is planning to file H1B in consular processing which means I need to travel to India for Visa Stamping and post that I can start working on H1B . My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. It means that your approved i797B will not have i94 attached. I am currently on H1B. My CPT is going to be expired after a month and I cannot go back to my country to get stamped immediately. If you are not living in USA while applying. But once you file a Form I-130 you notify the USCIS about your intentions to move to the U.S. permanently. Please have a look at the i797B page 2 which explains the reason. You will get i797B instead of i797A. The appropriate USCIS delivery address will vary. No, not yet for the switch attempt, but I received I797 Please visit link I797B Case. Currently i am on F1 Visa status and working on CPT. H1B Transfer, I-94 Expiry : If you are applying for H1B transfer after I-94 expiry, when in bridge situations with H1B RFE and denial, in that situations applying for H1B in Consular processing is helpful as you do not have to prove your status. Return to the US with a valid H4 visa to resume her H4 status. There were some amendments done and clarifications provided after initial order to allow certain dependents. My employer also filled new H1B in April 2015 and it is picked up in Lottery 2015. H1B to F1 consular processing. But since my OPT continued till July 19th 2010(last week) i continued working on my OPT. If you are currently in the USA on a visa like F1 or H4, and you also wish to apply for H1B lottery you can either apply for a change of status or opt for consular processing. I never used this petition and is now expired. Step 2: Upon approval of the I-140, USCIS sends notice of approval to the State Department’s National Visa Center (NVC). Yes, you can in unavoidable circumstances. Does that mean my package was What happens if H1B gets approved when we upgrade to Premium Processing! See below tweet from US Consulate Mumbai. Check the consulate’s website before making any travel plans. The biggest problem with H1-B consular processing is that you have to go through one more step of scrutiny with the visa officer, It also raises issues of admissibility:  if you have stayed beyond a period authorized by the Attorney General on Form I-94, you may be barred from entering the U.S. for up to 10 years, Always results in in-person interview by the consular officer, Some consulates may not give right to counsel at the interview, There is no appeal or other administrative review available to challenge a negative decision by the consulate, Processing times and success rates vary from country to country, Availability of appointments depends on the individual consulate, An inadequate interview may result in a request for additional evidence, and a subsequent interview, often two weeks or more after the first interview, at the consulate’s discretion, Concurrent filing with the I-140 Petition is not available, The consular process is generally slower than Adjustment of Status, Things you Should Know Before Changing Jobs After Filing I-485 With AC-21, Practical Tips For Filing H-1B for this Registration Period, 2022 H1B Visa Lottery Frequently Asked Questions- Updated, Effect of Biden Policy on H4 EAD Rule Removal, Things You Should Know. The USCIS will, therefore, apply much scrutiny to your application for a temporary (nonimmigrant) visa. I have my H1B petition approved for consular processing but I am not able to find an appointment at the consulates in my home country. A: No. Citizenship Act 2021 About? Lawyer's Assistant: What steps have you taken? The petition is valid till Aug 2017. My spouse employer X applied H1B as consulate processing last year (2019) at that time my spouse was outside of USA, than May 2019 she traveled to USA with H4 and applied H4-EAD. My employer filed for H1B in April 2012 and it has been approved with consular processing. I received RFE for maintenance of status even without any violation. I have H1b Visa but my wife is in India, Can she get visa ? The time and mechanisms of petitioning through the processing are similar to regular handling. The F-1 OPT to H1B conversion is processed as a change of status petition. This is a much shorter time than adjustment of status, which usually takes around 12-15 months to be approved. Because you are in the U.S. under a nonimmigrant visa status (H-1B), you will be able to file an I-485 form to have … What is H1-B Consular Processing? Question: My Employer is saying that my H1B is approved in consular processing and hence i have to go back to India and re-enter US after Visa stamping. Make sure you have an existing H1B visa that is valid on the date of your re-entry to avoid trouble. What is The U.S. : Once payment is processed, NVC will forward an instruction packet (formerly called Packet 3) with forms and a list of supporting documents to be submitted by the applicant: You must complete online form DS-160, Online Immigrant Visa Application. H1B Visa Stamping: Documents Required for H1B Stamping In this article, we outline all the documents you will need for your visa stamping so that you are prepared for your interview. Check the consulate’s website before making any travel … h1b visa approved with changed of status means you will get I797A. Advantages of H1B Consular Processing : Disadvantages of H1B Consular Processing: New H1B: f you are living in US and applying for new H1B as Consular processing, there is no need for you to prove that you have maintained status in US. #5 H1B, H4 Dropbox. When you get your h1b visa extension approval with consular. The consular officer will either issue or refuse the visa. Hi Anil, My H1B petition for CAP 2020 was recently approved. Consular Processing If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. As a result, the visa approval rate for Indians has plummeted in the last few years, with the number of H1B visas issued for initial employment dipping 4% in fiscal 2017. Will it be possible for me to travel to my country and back to the US without activating the H1B at the Indian consulate? Have you filed any paperwork with the U.S. government? h1b extension approved with consular processing, Sample Employment Verification Letter For H1b, What is i797b notice of action? If your employer is applying for H1B Visa via Consular Processing, Premium Processing will begin after June 2019. This link will explain what should you do when you get your approval without change of status. Bear in mind that consular processing involves some additional applications and documentation. My OPT expires July 2013. Consular Processing H1B Currently on STEM OPT expiring in Jun 2021. And you are still working with the company for which you have got i94. My spouse employer X applied H1B as consulate processing last year (2019) at that time my spouse was outside of USA, than May 2019 she traveled to USA with H4 and applied H4-EAD. But I am not sure. If you are not living in USA while applying. Once your H1b is approved (after RFE and everything) and you have worked at-least 1 day on H1b, then you can change employer not before. You have to choose between Adjustment of Status  and Consular Processing, If you choose Adjustment Of Status on the Form I-40,  and later choose to opt for Consular Processing, you have to file Form I-824 with the appropriate USCIS service center and wait until you receive the notice, Many consulates may require approval of the Form I-824 (processing time vary, and may take over six months) before Consular Processing can begin, However, if you choose Consular Processing and later decides on Adjustment of Status, You can fill up the I-485 Adjustment of Status form, noting the change, USCIS will send a letter acknowledging the change and requesting confirmation of the new choice of Adjustment of Status, The previous choice (Consular Processing) will be canceled and the file transferred from the NVC to the Service Center adjudicating the application, In either case, the change in selection will add several extra months to the usual processing times, , is filed with USCIS, requesting consular processing. what should i do when i get i797B. Step 4: Once payment is processed, NVC will forward an instruction packet (formerly called Packet 3) with forms and a list of supporting documents to be submitted by the applicant: If you are applying for Consular processing, work with your lawyer, and gather appropriate documents before appearing for the in-person interview. H1B Travel Ban Lawsuit for H1B and H4 family separation Update Oct 2020 : The judge has allowed the issuance of H1B visa for companies who are part of this lawsuit. H1B consular processing Hi all, I’m an Indian citizen and a Canadian permanent resident currently working in theUS on STEM OPT valid until 02-2020 My employer is filing for my H1B and I was wondering if I should ask my employer to opt for consular processing instead of … Required fields are marked *, perm processing time for h1b gc application eb3 category, What are the best places to do MS in the US. And your I797B does not have I94 attached at the bottom. On the other hand, it may be faster for you to travel to the U.S. Consulate or Embassy in your home country in a method called consular processing. So, you cannot apply h1b extension for change of status. It is really important to understand the difference between these two types. My employer filed my H1B and it is approved. More . Please advice. A: This is the process by which the beneficiary of an immigration petition applies for an immigrant visa with the National Visa Center (NVC) and a U.S. embassy or consulate. Your email address will not be published. : If a visa number is available for the applicant in the next year (varies by nationality and category of immigrant visa), NVC sends a fee bill for Immigrant Visa processing to the applicant/attorney of record. Once the petition has been approved, it is time to schedule an H1B visa interview. If they found that your status was not maintained properly or your i94 was not valid. I am going for my PhD and have to apply for F1 visa in home country. Your employer will file your h1b extension or transfer in this category. It means you have gotten I797B. H1B Extension is Pending USCIS Decision. Consular processing is not mandatory for Adjustment of Status, It is not necessary to go to your home country, in most cases, If you are in the USA and want to change your status, you don’t need to go out of the USA to activate your H1-B, However, in certain situations it’s preferable to file for consular processing, You have filed your H1-B lottery application as ‘Consular Processing’ application, You joined a new H1-B employer B on receipt and your pending H1B extension from employer A receives RFE after I-94 expiry, may receive an RFE to wait for employer A’s bridge extension decision before your H1-B transfer can be approved with a new I94, Many employers in this situation decide to opt for H1-B consular processing rather than waiting for the pending employer A’s extension, If you travel outside the US while H1-B Change/Extension of Status is pending, USCIS will automatically abandon your pending H1B change or extension of status application if you travel while your application is pending, USCIS will approve your H1-B, but with consular processing, Hence, you have to H1-B stamp and then enter the US in this case. Visa applicants are reminded to apply early for their visas, well in advance of the anticipated travel date. Serious Help need!! Who is Eligible For Consular Processing? Visit insubuy.com or call +1 (866) INSUBUY or +1 (972) 985-4400 Home » Experiences » Visa - Visa Stamping from Canada/Mexico » H1B Consular Processing I797B NOTE: It’s always safe to travel after H1B approval. Consular processing is little bit complicated. 11 Feb 2019. You do not have the burden to submit extensive documentation to prove that you maintained proper status all along … Mostly your employer will file h1b extension and h1b visa transfer in this category. This is different than the H1B travel ban. This involves making an appointment with the consulate or embassy and appearing for a one-on-one interview with a consular officer. If you have any question or comments about consular processing of your overseas employee or have questions about the Green Card procedure in general, you can schedule a consultation with us: Schedule a call at 469-994-9407  or contact us using the form. However, I need to travel to my home country during the month of Feb 2021. My H1b visa petition was filed through consular processing this year Apr 2014 and it got approved in July 2014. You cannot stay in USA with i797B until and unless you have valid previous i94. Yes, you can in unavoidable circumstances. Why I wrote this blog ? Quick facts and Solutions, Sample Client Letter For H1b | Client letter format for h1b, How to get ITIN for H4 visa L1 dependent spouse wife kids, Uk student visa interview questions and answers 2021, How to apply passport for child in India without spouse name endorsed, How To Apply And Get Tourist Visit Visa For Dubai On Arrival, India tourist visa on arrival evisa application, Nepal Tourist Visa On Arrival Application Form photo cost. I have my H1B petition approved for consular processing but I am not able to find an appointment at the consulates in my home country. For visitors, travel, student and other international travel medical insurance. Vote. Then they will approve your h1b visa in consular process. what next? New employer A initiated H1B Transfer and from this new receipt number when tracked on USCIS website, it says “On July 2, 2020, we received your Form I-129, Petition for a Nonimmigrant Worker”. Step 3: If a visa number is available for the applicant in the next year (varies by nationality and category of immigrant visa), NVC sends a fee bill for Immigrant Visa processing to the applicant/attorney of record. : Upon approval of the I-140, USCIS sends notice of approval to the State Department’s National Visa Center (NVC). Q: Is It Better To Change My Status or Use Consular Processing for H-1B Stamping? US consulate confirmed the same. It is completely unto USCIS to decide your valid status in USA. what is the difference between i797A and i797B. Will it be possible for me to travel to my country and back to the US without activating the H1B at the Indian consulate? I plan to travel internationally to Europe from Oct 18th - Oct 27th. A: Consular processing must take place in the alien’s country of permanent residence or home country. There are two types of H1b extension and h1b transfer processes. USCIS will return the H1B Premium Processing fee. Since my case was filed under counselor processing (meaning, I would need to get my visa stamped from US consulate in order to activate my H1), can I make this international travel … Hi, I got my H1B approved in consular processing, but my manager has some concerns for me to travel for the visa. 3 attorney answers. They can choose any of these processing types. Average regular processing time for h1b application is from 3 months to 6 months. I fear, if I get H1B with change of status in October, and if not many visa appointments are available, I can be stuck in US as I can't get a stamp in India due to lack of appointments. Consular processing is little bit complicated. If you are currently in the USA on a visa like F1 or H4, and you also wish to apply for H1B lottery you can either apply for a change of status or opt for consular processing. My OPT expires July 2013. The underlying H1B application will be approved (if approved) with consular processing meaning that you will have to go to the US embassy to get H1B stamped in your passport and then re-enter the USA. The duration of the administrative processing will vary based on the individual circumstances of each case. Your email address will not be published. For mor info about i797A and i797B. My employer filed for H1B in April 2012 and it has been approved with consular processing. The F-1 OPT to H1B conversion is processed as a change of status petition. The h1b visa consular processingcan require professionals help as it helps in avoiding many hassles. Enjoy :). The lawyers at my company are awaiting original papers to come through from USCIS. They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4.

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