H1B Transfer with consular notification


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  • Hi, I am on H-1B with I140 approved and was laid off in March 2024 by employer A.
  • During the 60 day grace period I got an offer from Employer B which is an IT consultancy and they filed my H1B transfer without premium processing on Day 55(May 2024) and we got a confirmation from FedEx that the packet was received by USCIS on Day 57.
  • We are currently waiting for the receipt number. My start date with Employer B was within the 60 day grace period.

 

  • Now I got a Full time offer from Employer C after the 60 day grace period.
  • Their attorney is saying that while my H1B Transfer with Employer B is pending, they are legally unable to file a separate change of employer petition.
  • And suggesting that I should either request my current Employer B to file for premium processing so that we can get an approval soon and then they can file a H1B transfer as direct change of employer

(or) 

  • That they would file for my H-1B Transfer with Consular notification. This will need me to depart the US and reenter with a valid H1B visa and approval notice from Employer C.

Please help answer the following questions. I appreciate your response.

  1. Are there any risks with going with Consular notification option ?
  2. In order for my Employer B to file premium, do we have to wait for the receipt number? or can premium processing be requested without even getting the receipt number?

Thanks again!!

 

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C is saying that they cannot wait for months for the petition from B to be approved without which your status will not be bridged and the petition from C will have to wait for the decision for the petition from B.

If C files your H1 petition in PP, you can leave and return with the visa as the approval will be for Consular Processing.. This is the safest course as a full-time job should in theory not present H1 Visa problems as compared to a"consultancy". 

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