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dimpastra

What is H1B extension through consular processing

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There is no consular processing for an H1 petition. All H1 petitions are processed by USCIS.

What there is is that the H1 petition can be filed without extension of status. This is also known as Consular Notification, meaning that the listed consulate is informed of the H1 petition approval. The person then has to go abroad and get an H1 visa, just like everybody else who needs an H1 visa.

 

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Consular processing is when you are outside of US when your H1-B petition is filed. You attend the visa interview before entering the US.

 

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If you were out of status, an H1 petition filed by a new employer will not have an I94, if approved and you will need to leave and return with an H1 visa stamp.

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Consular process means you are not going to get I94, so you are not supposed to work on the approved petition. You need to go out of US and get stamped and come back to US. Then you will get your new I94, then you can start working.

There is nothing like advantages or disadvantages. 

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