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Sai19

H1B - Consular processing

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Hi,

My H1b visa got expired in June 2018, I filed for an extension in April 2018 (WAC service center). In Nov 2018 my application got moved to Nebraska service center and got RFE(asking for client letter) in Dec 4th. But now my contract with a client in CA got over and i cannot produce a client letter.

Now i got another job in Texas. ( got all the documents like vendor letter/client letter/PO etc) 

But, since my H1b/I94/I797, all got expired in June 2018. My attorney says we need to go for consular processing, with all new documentation(from a new client), as we can't produce a client letter from my previous client to respond RFE. 

My problem is,  i also need to go for an amendment and after that respond to RFE. If my amendment gets denied(high possibility). And need to apply for consular processing immediately and fly back to India to get stamped. (In this process i may lose my new job).

Your suggestion will be highly appreciated and am i going in the right direction?

Thanks in advance.

Edited by Sai19

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You can't amend an expired H1.

The current H1 petition will get denied due to lack of client letter.

A new H1 petition would have to be filed with consular notification (there is no consular processing for H1s, all processing is done by USCIS, but with consular notification there would be no I-94 on the approval notice.)

 

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