Consular Processing

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding consular processing.   

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[meet141983]

Hello,

I have I 140 approved as of sept 2009 in EB3 category, presently I do not hold valid H1 VISA as my last petition expired as I never got answer for 221G I received. Can I apply for counsellor processing? 

[mek29]

F1 ->HI B VISA  Consular processing questions: Need advise please..

Current status- F1- day 1 CPT since Oct 2018, F1 Expires on May 2020.
History: H1 B denied in 2017 with the same end client.

Current Petition:

H1 B applied via change of status petition and I have an employer-vendor-end client, received 3 RFE's.

1. Speciality occupation 
2. Employer-employee 
3. Multiple years of practical training at same education level.

Problem 1: Route 1: My Employer remains constant and and still employed with them, but my vendor and end client have changed after filing the petition as I have lost the contract. A(Employer)-> B(Vendor) - > C (End Client)

I soon got another vendor and end client and got another project with the same role and responsibilities.

So at the time of reception of the RFE, I now work in the below model.

A(Same Employer) - > D(Different vendor)- > G( Different end client)

Key point: Both the end clients C and G(New one) are from the same city Boston.

So I came to know, that they might fall into the same MSA, and if they do fall into the same MSA then, we can respond to the RFE's of old client with new client documentation and request them to amend the LCA.

IS this possible?

The other way-route 2-, is that my employer has good business relationship with the old vendor(B) and they said they would help us out with Vendor letter stating that that position is still there and I am working there, and later can file for Amendment with new client details.

Questions: 

 

1. Is both end clients C, G being locacted in Boston city enough to justify that they belong to the same MSA?.

 

2. Should I go for route 1 or route 2?

Problem 2: I have received my canadian PR and I need to get it stamped before september. Hence if I travel outside while my case is still processing, my case would result in a change from change of status to consular processing.

since I have received multiple years on same education level RFE- I heard that the best way for this to convert the case into consular processing.

Question: 

1. Should I convert my case into consular processing  while replying to the RFE within August 28(cut off date), premium was applied already, and get an approval by sept 15, then go to Canada and get my PR, then on OCT 1 go for consular processing in Canada or India and come back into the US on H1B.    (or)  if H1 denied by sept 15, then goto Canada, get PR and return back into the country on the F1 DAY 1 CPT stamped visa, which is valid till may 2020.?

(or)

Should I proceed my case with the existing change of status, get documents from university for the multiple years on same education level RFE, while replying to the RFE within August 28(cut off date), premium was applied already, and get an approval by sept 15, then go to Canada and get my PR, then on OCT 1 get a stamping appointment in Canada or India and come back into the US on H1B.  (or)  if H1 denied by sept 15, then goto Canada, get PR and return back into the country on the F1 DAY 1 CPT stamped visa, which is valid till may 2020?

[Attorney_22]

On 7/2/2019 at 1:57 PM, meet141983 said:

Hello,

I have I 140 approved as of sept 2009 in EB3 category, presently I do not hold valid H1 VISA as my last petition expired as I never got answer for 221G I received. Can I apply for counsellor processing? 

Yes, as long as the I-140 job offer is still available you can continue via the immigrant visa process. 

[Attorney_22]

18 hours ago, mek29 said:

F1 ->HI B VISA  Consular processing questions: Need advise please..

Current status- F1- day 1 CPT since Oct 2018, F1 Expires on May 2020.
History: H1 B denied in 2017 with the same end client.

Current Petition:

H1 B applied via change of status petition and I have an employer-vendor-end client, received 3 RFE's.

1. Speciality occupation 
2. Employer-employee 
3. Multiple years of practical training at same education level.

Problem 1: Route 1: My Employer remains constant and and still employed with them, but my vendor and end client have changed after filing the petition as I have lost the contract. A(Employer)-> B(Vendor) - > C (End Client)

I soon got another vendor and end client and got another project with the same role and responsibilities.

So at the time of reception of the RFE, I now work in the below model.

A(Same Employer) - > D(Different vendor)- > G( Different end client)

Key point: Both the end clients C and G(New one) are from the same city Boston.

So I came to know, that they might fall into the same MSA, and if they do fall into the same MSA then, we can respond to the RFE's of old client with new client documentation and request them to amend the LCA.

IS this possible?

The other way-route 2-, is that my employer has good business relationship with the old vendor(B) and they said they would help us out with Vendor letter stating that that position is still there and I am working there, and later can file for Amendment with new client details.

Questions: 

 

1. Is both end clients C, G being locacted in Boston city enough to justify that they belong to the same MSA?.

 

2. Should I go for route 1 or route 2?

Problem 2: I have received my canadian PR and I need to get it stamped before september. Hence if I travel outside while my case is still processing, my case would result in a change from change of status to consular processing.

since I have received multiple years on same education level RFE- I heard that the best way for this to convert the case into consular processing.

Question: 

1. Should I convert my case into consular processing  while replying to the RFE within August 28(cut off date), premium was applied already, and get an approval by sept 15, then go to Canada and get my PR, then on OCT 1 go for consular processing in Canada or India and come back into the US on H1B.    (or)  if H1 denied by sept 15, then goto Canada, get PR and return back into the country on the F1 DAY 1 CPT stamped visa, which is valid till may 2020.?

(or)

Should I proceed my case with the existing change of status, get documents from university for the multiple years on same education level RFE, while replying to the RFE within August 28(cut off date), premium was applied already, and get an approval by sept 15, then go to Canada and get my PR, then on OCT 1 get a stamping appointment in Canada or India and come back into the US on H1B.  (or)  if H1 denied by sept 15, then goto Canada, get PR and return back into the country on the F1 DAY 1 CPT stamped visa, which is valid till may 2020?

The guidance you are looking for is specific to your own personal circumstance that is better provided via a direct conversation with a qualified U.S. immigration attorney. Please call our office to speak with one of our many qualified attorneys.  

[Ryan20]

Hi,

I was rejected H-1B(change of status) in 2018 and appeal is still pending with AAO. My employer(same as before) filed H-1B this year under the consular process and it still pending for decision. My attorney says USCIS will not take a decision on new H-1B until they hear a decision from AAO on the appeal nor premium would work in this case. Have you seen any approvals for new H-1B application while the previous appeal is still pending? Would like to know your thoughts on how the premium processing will work in this case? Any information is helpful.

Thank you.