H1B petition with Consular processing Questions

[smog]

I will be applied for the H1B on 1st April 2015 by my employer, with consular processing option (not COS option). It will be a non-premium processing. Currently I am on OPT (valid till May 18 2015). I want to travel to India between 10th April-10 May, 2015 for marriage.

1) Is there a risk involved in consular processing? Do many employees use this option?

2) How long does it take to get the Visa stamp after I appear in my home country's (India) US consulate? I have heard tales of people having to wait for months while their status shows "Administrative Processing"? Do all consular processing cases undergo such "Administrative Processing"?

3) Does it have to be a US consulate in India? I have a Masters in Engineering from a reputed US university (Rank #42).

4) How early can I appear for interview assuming H1B petition is accepted in July 2015? I was planning a 20-25 days trip to India again in December 2015 to get the consular processing done. Possible?

[jairichi]

1. No risks as long as you have proper documents.

2. If VO is convinced with documents then it is immediate in any US consulate. If not then administrative processing happens.

3.You can go to Jamaica or Canada. But, it is always suggested to go to home country.

4. Not more than 90 days before H1B start date (Oct 1st).

[smog]

1. No risks as long as you have proper documents.

2. If VO is convinced with documents then it is immediate in any US consulate. If not then administrative processing happens.

3.You can go to Jamaica or Canada. But, it is always suggested to go to home country.

4. Not more than 90 days before H1B start date (Oct 1st).

 

Thank you Jairichi. The problem is, people post visa interview experiences only when something goes wrong (221g for instance). They don't post positive visa experiences. With all this negativity, it becomes sacry for a person who is going to appear for such consular processing!

 

Thanx a ton jairichi!

[jairichi]

Thank you Jairichi. The problem is, people post visa interview experiences only when something goes wrong (221g for instance). They don't post positive visa experiences. With all this negativity, it becomes sacry for a person who is going to appear for such consular processing!

 

Thanx a ton jairichi!

Like the way you said if things go well they do not need an opinion. Only when it goes the other way suggestions are requested.

[smog]

What are the most probable causes for a 221g? I have heard people who work for a recruiter might get into such trouble more often than those who are direct hires. How much truth is there to this? I am a direct hire btw. Also, from a top 50 university. Does university play a role too?

[jairichi]

What are the most probable causes for a 221g? I have heard people who work for a recruiter might get into such trouble more often than those who are direct hires. How much truth is there to this? I am a direct hire btw. Also, from a top 50 university. Does university play a role too?

If one has multiple layers involved the likelihood of getting a 221G is high. If you work in an university and perform research you most likely will end with a 221G due to TAL. I was given 221G two times due to nature of my work i.e. biological research. In both cases it took exactly 4 weeks to get my visa approved.

[sprim]

Hi, 

 

I'm exactly in the similar situation which smog had posted long ago. I have few questions which require enlightenment from senior experienced members in the forum.

 

Post from Smog:

 

"I will be applied for the H1B on 1st April 2015 by my employer, with consular processing option (not COS option). It will be a non-premium processing. Currently I am on OPT (valid till May 18 2015). I want to travel to India between 10th April-10 May, 2015 for marriage.

1) Is there a risk involved in consular processing? Do many employees use this option?

2) How long does it take to get the Visa stamp after I appear in my home country's (India) US consulate? I have heard tales of people having to wait for months while their status shows "Administrative Processing"? Do all consular processing cases undergo such "Administrative Processing"?

3) Does it have to be a US consulate in India? I have a Masters in Engineering from a reputed US university (Rank #42).

4) How early can I appear for interview assuming H1B petition is accepted in July 2015? I was planning a 20-25 days trip to India again in December 2015 to get the consular processing done. Possible?"

 

 

My Questions:

 

a) I have a concern regarding Question #2. At first point, why do one need to apply for the visa again to re-enter USA during the H1B Visa processing when the OPT status exists and is still valid?

b) Can't we just enter like before with the valid F1 & OPT status? 

c) I heard that it can be risky to re-enter USA during the processing of H1B Visa right from April 01, 2015 until October 01, 2015 in case of success and until June ending of 2015 in case of failure to get picked up in the lottery. How and why does H1B petition submitted on April 01, 2015 should conflict with the current status?

 

It will be great if the valued members can answer my above questions as I'm struggling hard in trying to figure out answers for all these questions and I got more questions than answers during this process.

 

Thanks.

[jairichi]

Hi, 

 

I'm exactly in the similar situation which smog had posted long ago. I have few questions which require enlightenment from senior experienced members in the forum.

 

Post from Smog:

 

"I will be applied for the H1B on 1st April 2015 by my employer, with consular processing option (not COS option). It will be a non-premium processing. Currently I am on OPT (valid till May 18 2015). I want to travel to India between 10th April-10 May, 2015 for marriage.

1) Is there a risk involved in consular processing? Do many employees use this option?

2) How long does it take to get the Visa stamp after I appear in my home country's (India) US consulate? I have heard tales of people having to wait for months while their status shows "Administrative Processing"? Do all consular processing cases undergo such "Administrative Processing"?

3) Does it have to be a US consulate in India? I have a Masters in Engineering from a reputed US university (Rank #42).

4) How early can I appear for interview assuming H1B petition is accepted in July 2015? I was planning a 20-25 days trip to India again in December 2015 to get the consular processing done. Possible?"

 

 

My Questions:

 

a) I have a concern regarding Question #2. At first point, why do one need to apply for the visa again to re-enter USA during the H1B Visa processing when the OPT status exists and is still valid?

b) Can't we just enter like before with the valid F1 & OPT status? 

c) I heard that it can be risky to re-enter USA during the processing of H1B Visa right from April 01, 2015 until October 01, 2015 in case of success and until June ending of 2015 in case of failure to get picked up in the lottery. How and why does H1B petition submitted on April 01, 2015 should conflict with the current status?

 

It will be great if the valued members can answer my above questions as I'm struggling hard in trying to figure out answers for all these questions and I got more questions than answers during this process.

 

Thanks.

1. No issue.

2. It depends as each case is different.

3. It is better to go for visa stamping at an US consulate in home country. However you can approach other US consulates too.

4. Not more than 90 days before H1B start date of Oct 1st.

 

a. You can choose on what status you would like to enter.

b. Refer a.

c. If you already have valid F1 visa, OPT-EAD card and other supporting documents there is no issue.

[sprim]

Dear valued member Jairichi,

 

Thank you very much for the noble cause in trying to help many people like me. Really appreciate it in answering my questions a, b & c.

 

I need one more clarification:

 

I currently have a job offer in which I'm supposed to join from July 01 on wards. Though I didn't join the company yet, my employer had filed H1B visa for me. During that communication, I was strongly advised NOT to make any international travel during this processing period.

 

My graduation completes on May 16, 2015 and I plan to visit India for marriage after this and come back before July 01. Do you still see a problem?

 

I came to know that I will not have any status from the period starting from May 17th until July 01st as my OPT will begin on Jul 01 on wards. Is it risky to travel during this period?

 

Please advise for the act of which I'll be grateful to you.

 

Thanks.

[sprim]

Hi,

 

Can anyone please reply to my above query?

 

Will be grateful to you.

 

Thanks.