H1B Transfer


sreenivasu

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I came to USA in Dec-2017 from India with a valid Stamping of next 3 years. Suddenly My project got completed and moved back to India in July 2018 and I came back again sep 2018 for the new location with valid LCA and with valid documents and with Amendment from the same employer. I have verified my I-94 and it is valid till 2021. Now I got new Job here and new employer has initiated the transfer and by mistake attorney has applied for consular processing instead of change of employer and it has been approved with consular processing. Now Got my transfer approved with consular processing which means I cannot start working for new employer without stamping done. I submitted my resignation with current employer based on the initial petition approval mail. Stamping wait time in the Home country is more than 5 weeks, but the new employer isn’t ready to wait more than 3-4 weeks. 
    
    New Employer Attorney suggested 2 options for me
    
    1)One option for me is to go for stamping in Canada or Mexico but worried that consulate might not consider my application for stamping and ask me to go back to home country for stamping 2)Other option is to stay back, new employer will apply an Amendment for change of employer with the approved consular processing. 
    
    When I serach over the internet, I see few articles are suggesting no need to go stamping, it is just like go to some country and come back to USA, at the Port of entry with new I797.
    
    I am confused now, could you please suggest which is the best way to handle this situation.
    
    Thank You

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8 hours ago, sreenivasu said:

I came to USA in Dec-2017 from India with a valid Stamping of next 3 years. Suddenly My project got completed and moved back to India in July 2018 and I came back again sep 2018 for the new location with valid LCA and with valid documents and with Amendment from the same employer. I have verified my I-94 and it is valid till 2021. Now I got new Job here and new employer has initiated the transfer and by mistake attorney has applied for consular processing instead of change of employer and it has been approved with consular processing. Now Got my transfer approved with consular processing which means I cannot start working for new employer without stamping done. I submitted my resignation with current employer based on the initial petition approval mail. Stamping wait time in the Home country is more than 5 weeks, but the new employer isn’t ready to wait more than 3-4 weeks. 
    
    New Employer Attorney suggested 2 options for me
    
    1)One option for me is to go for stamping in Canada or Mexico but worried that consulate might not consider my application for stamping and ask me to go back to home country for stamping 2)Other option is to stay back, new employer will apply an Amendment for change of employer with the approved consular processing. 
    
    When I serach over the internet, I see few articles are suggesting no need to go stamping, it is just like go to some country and come back to USA, at the Port of entry with new I797.
    
    I am confused now, could you please suggest which is the best way to handle this situation.
    
    Thank You

Go for a second attorney suggestion.

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