Is it advisable to go with a Consular Processing for H1B Transfer

[student123]

Hello All!

My prospective employer said I should go with a Consular Processing....what does that mean? Alright let me narrate my facts below;

1) Was working with a EVC model and my project completed on June 31st 2012 in an EVC model with Employer A (Desi Consultancy).

2) Had to visit India for brother's wedding and left to India on July 22nd 2012.

3) Appeared for visa interview in Delhi on August 3rd 2012. Got approved uptil August 2014 without client letter.

4) Flew back to USA on 22nd August 2012 and reported back to work to my Employer A.

5) Employer A did not run my payroll for the period July 1st 2012 to July 22nd 2012, for which I raised a question and he asked me to find a job. I resisted stating that he is responsible for it and neither I wanted to be out-of-status and then I was asked to send money for running the payroll. I did not agree!

6) This issue went on till September 2012 and there was no payroll run for me stating that I am on bench. I lost hope and patience with Employer A.

7) Got a job offer from Employer B (Desi Consultancy - but no strings attached), who sponsored for my H1B Transfer in regular processing who said that one can substitute the absence of recent paystubs with a legitimate DOL Complaint (WH4) against Employer A for not paying me from July 2012 to Sept 2012. 9) 8) DOL considered my case and gave me a case number stating it is a valid reason.

9) Working for Employer B based on the H1B Receipt and the on-going DOL case.

10) Employer A is not yet aware of the DOL case and also he mentioned he is revoking my H1B from his company.

11) On December 4th 2012, I recieved a new offer from Employer C (MNC Giant that I always wanted to work for), and requested me to send the H1B Transfer documents.

12) I have forwarded all the documents to him and informed him that my current Employer B, have run my payroll and provided those paystubs since October 2012.

13) Employer C came back to me yesterday stating that I need to go for a CONSULAR PROCESSING.

14) And I am also asked to step out of the country visit Bahamas and come back with a new I94 issued at the POE in USA.

15) I was said that there is no need for attending a VISA interview as I already have a visa stamping uptil August 2014 on my passport with Employer A.

16) Also Employer C mentioned he shall initiate the H1B Transfer in Premium Processing.

17) BTW Employer C did not question about the missing pay stubs for the period July 2012 - Sept 2012 as I have provided him pay stubs from April - June 2012 from Employer A and pay stubs from Oct 2012 - Nov 2012 from Employer B. Thus I haven't neither mentioned about the DOL case which was mere for the missing pay stubs.

So my questions/concerns are below;

1) Why cannot the Employer C file for a H1B Transfer like my current Employer B and based upon the H1B Receipt I can start working for Employer C's client like I am currently working for Employer B.

2) What is Consular Processing and why does my case demands a Consular processing? Are there any issues involved with this type of Consular processing?

3) Is it true that with a H1B Stamping on my passport and on the basis of Employer A, I need not attend for a VISA interview again?

4) Is there any other alternative for my case? Especially if my Employer C insists me to leave the country and come back with a new I94?

5) Will I be making my case much more complicated by mentioning about the DOL case against my Employer A and confusing Employer C? Else it would be of help for him and not going with a Consular Processing?

I appreciate your time in going through this lengthy case and shall much appreciate if you can respond to my queries.

Thank you.

[pontevecchio]

All the company is saying is that you leave and come back with the approved I94 with C to put you back in proper and unquestionable legal status. It can be India or Bahamas or whatever. Nothing to think about. Even going to Tijuana and immediately coming back will work.

[t75]

Just follow C's instructions. WHy would you make him angry by second guessing his attorney or experience based on your posts to a forum.

[t75]

Oh, and your alternative is to find employer D.

[student123]

Please somebody respond if there is another route for me by avoiding to travel abroad!

[student123]

pontevecchio,

I understand that the employer C is asking me to come on a legal status back but I am thinking about my odds. With the DOL case, is it going to be a safe re-entry? And is there another option of transfering the h1B without leaving the country. I am pretty much sure that if I am stuck with some kind of RFE or process of evaluation out of this country, employer C might back-off from his offer and not rescuing me to get me back to USA.

t75,

I know that I am changing employers very soon in a short period but I am in search of a legitimate and promising employer. I am already bitten once so its okay if you think I am on the wrong path but as the saying goes; "Once bitten twice shy" I am looking for a prmising career of my interest and do not want to let the employer play with my career. So in that case if Employer D is promising than Employer C, then yes why not!

[pontevecchio]

You have a valid H1 visa. Assuming you mean C has got a H1 petition approved leave and come back with the existing visa stamp and the new approved H1 petition.