H1B transfer:Consular Processing

[anju9876]

Hi,

I was working in company X and they decided to shutdown the company. So they are keeping us on low pay $200 per pay check to help them with the closing process from Dec 21st on wards. They are not completely shut down till now. Now I transfer my H1B to another company Y and seems like they opted for consular processing while filing the transfer. I got H1 transfer approved on Jan 31st.

Which says "Consular Notified (if applicable): CHENNAI" . I haven't received I797 , yet but I believe it will be coming WITHOUT I94. I will be receiving this I797 from Company Y very soon.

So

-> is it necessary that I need to go to India to get it stamped. Or just need to go to Carribian Islands /Canada ,come back so that visa will get re validated (so that I can avoid stamping of visa in chennai consulate)?

->My family is also with me. Is it necessary that they also get that stamping now?

NOTE: My current Visa and current I94 is valid till Sep 2014.

Please advice.

Thanks in advance!!

[Attorney_11]

A stand alone H-1B petition filed without a request for extension of stay typically requires an individual to depart the United States and either apply for a new visa at the US Consulate to return or if they already have a valid H-1B visa in their passport (from a previous employer) to seek a new admission at the port of entry with the old valid visa and new valid I-797 approval for H-1B with the new employer. This is generally true for accompanying family members as well. However, wage issues which tend to show failure to maintain status should be considered before taking any travel steps. It is advisable to seek the assistance of an immigration attorney to determine the personalized steps one should take.

[anju9876]

Thank you for your time and consideration.!

It would be great if you can clarify some doubts regarding seeking a new admission at the port of entry.

-Will this be applicable even though my new approved I- 797 does not have an I-94 stamping with it ?

-Can I consider Canada or Mexico for this or Is it necessary that I go with non adjacent countries?

-Should I hand over them my Current I94 (with the current employer which is valid till 2014 September) while exiting, so that I will get the new I94 while entering back?

Yes, I will surely go with your opinion and fix an appointment as soon as I get my I797 in hand.

[binoca82]

Your new H1 is approved for consular processing, not with extension of stay, that's why there is no I94. In such situations, you must leave US, get H1 stamped and return to US.

You can schedule the visa stamping interview in Canada or Mexico. The risk associated with this options is, in case the stamping getting rejected, you won't be able to return to US, you need to travel to your home country directly from there.

Yes, you need to surrender the I94 when you leave US, and ask for a new one when you return.

Do you have an unexpired visa on your passport? If yes, you may not go for stamping. Return to US with the old visa, but show the new petition at POE.

[anju9876]

Thanks a lot for the info!!

Yes, I have a valid visa on my passport. But while coming back if I show new I797 without I94 and old valid visa at POE will they decline the entry to US?

[binoca82]

Ideally, they should not. The law allows you to use the old unexpired visa.

[ajkmne]

Hi

I am also in the same situation. I have a stamped H1 visa in my passport. But my H1 transfer came as consular processing. I am planning to go out from US and come back with my old visa and new I-797 which will give me a new I94. What did you do in you case?

[patilmadhav]

My situation is like this. I in second term of my H1B whcih is expiring on Sep 2014. My employer is out of work and unable to pay, I do not have paystubs since last 4-5 months. I am also on My EAD which is under renewal. I applied for renewal just 20 days before expiration. My wife is on H4 visa. I have job offer and my EAD expediate request is already rejected.

Please advice me different options.....

[agarw]

in the same situation as ajkmne and anju.

So does consular notification basically requires me to leave the country, get my new I797 and enter US along with new I94?

I dont need to goto embassy or get new stamping done?