H1B transfer with Consular Processing : Dealing with RFE & Out of Status.

[hanuman2017]

I am on H1B visa with Masters Degree in Computer Science from one of the top 10 US universities. My Spouse is on H4 visa.

I had a summer internship and full time offer from Company A which offered me $90,000 base salary in 2014.

Last year during thanksgiving, Company A decided to layoff around 2000 people and was given 1 month notice and 2X months of severance pay. (X = number of years employed at Company A). They also offered vacation pay in cash, and 6 months of health insurance paid by company to entire family. (me and my spouse). The reason they offered a good severance was because the company was involved in illegal things (like boosting stock prices with inflated data) and I was not supposed to speak about that outside the company.

 Jan 14: Last Day at Company A.

I had around 10 companies willing to interview. I got job at Company B (another high paying employer for a senior role), my first job offer offering $120,000. I happy accepted the offer with no time wasted in negotiation.

Feb 10 : Offer made.

Feb 14: Offer accepted.

Feb 22: Immigration documents sent.

Feb 24: Immigration Attorney starts the process.

Feb 27: LCA Filed.

March 3: LCA Certified.

Mar 8: Attorney asks for more docs.

Mar 10: Attorney says all docs received & preparing petition.

Mar 11 to Mar 18: Attorney is busy/sick and doesn't respond to emails/calls.

Mar 15: 60 day grace period ends. :-( :-(

Mar 18: Attorney sends an email saying, H1B transfer will be a consular processing.

Mar 24 : Attorney sends packet to USCIS as consular processing.

Mar 25: I Applied for Canada Visitor Visa.(Me & Spouse)

Mar 28: USCIS received docs in Premium Processing.

Mar 31: RFE issued  (Reason : Speciality Occupation & Job Description).

April 3: Attorney quits the job and sends automated email.

April 5: New Attorney is assigned and learning the case.

April 7: Attorney emails manager asking for more information on the role and why this role needs a Bachelor in CS or higher.

April 10: Detailed Response received from manager of Company B.

April 12: Attorney starts preparing for response.

April 18: Canada Visa approved (temporary residence for 6 months) for next 5 years.

 

Today, Its April 18th (Out of Status for 35 days) and attorney is sending RFE response in 2-3 days. Once the response is sent, USCIS must give a decision in less than 15 days. [I guess max by May first week]

 

What should I do now ?

Option 1: Leave the country and move to Canada for next 2-4 weeks. Once the H1B is approved in consular processing, I can re-enter the country with new I94 and start working for employer B.

Option 2: I have more employers contacting me for more interviews, should I continue interviewing ? Microsoft & Adobe has invited me for on-site interview next week. They are ready to offer more money and transfer H1B visa, but I am not looking for more money at this point of time. I am planning to have more offers in hand by May first week (when USCIS makes a decision).

 

[ajaysharma]

Difficult decision indeed.

My view:

- Leave US now, otherwise you're only adding to your days of out-of-status (you're already at 35!) and it becomes a harder sell during visa interviews. If you know for sure it will be a consular processing then why would you want to add more days to our out of status days?

- You have no guarantees that Microsoft or Adobe will make an offer, and then they cannot transfer you in premium due to the hold, which will further add to our out-of-status even if you join on receipt.

You seem happy with the company and offer, why jeopardize your status and future based on a hypothetical future scenario of additional interviews? If they really like you, they will reschedule your interviews for when you return.

With your degree and the the quality of the offer I would think your visa would not be at risk if you have a good explanation, and it seems like you do.

[NewUser105]

Hi,

Any updates on your case as I'm having the same case as yours. My transfer was filed in as a consular processing and was sent in to USCIS on the 61st day, 1 day after the end of the grace period and I'm currently waiting for the transfer to be completed.