H1B Consular Processing


sushantrao

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I'm currently working with employer A with my extension in process. I'm working on the receipt notice provided by USCIS for employer A. My I-94 has also expired.

Now I was able to find a new job with employer B. However, employer B cannot perform the visa transfer from A to B because I haven't received the approval notice from Employer A. Instead Employer B has agreed they would file my visa under "consular processing"; in the event I have to go to India, get my visa stamped with Employer B & come back & start working with Employer B.

 

What exactly is consular processing? Would it wise on my part to go ahead with this?

 

Please advise.

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You need to find a new employer, they have to file a cap exempt H1B petition and on approval you need to apply again for H1B visa.

But I wouldn't have announced my resignation from Employer A, visa extension of whom is still under "Initial Review". I should have a choice of getting that visa & entering the United States again. Is my understanding correct on this?

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But I wouldn't have announced my resignation from Employer A, visa extension of whom is still under "Initial Review". I should have a choice of getting that visa & entering the United States again. Is my understanding correct on this?

If your H1B extension with employer A is approved while you are in India but H1B visa denied with employer B you could again apply for H1B visa with employer A's documents.

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