H1B Transfer, Consular Processing, Stamping outside US


radhika88

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Hello everyone, 

 

I am currently working for **** as a full time employee since July 2014. I was working as a contractor in **** since February 2013 through a consulting company (I have valid H1B until Sept 30, 2014 from my consulting company). **** process all the immigration process through a third party law firm. I have already been hired by **** and have already received 2 pay stubs from ****. The law firm is now saying that **** had never applied for a new petition or H1B transfer from the consulting company. I was assuming that the HR department of **** and the law firm had already applied for the new petition because they took more than 2 months to hire me as full time. The law firm is telling me that they will file for a new petition through consular processing and once the H1B is approved, I have to leave US to get new I-94 and new visa stamp since by visa is already expired. Have any of you faced any of these situations? Any insights and feedback will be really really appreciated. 

 

Sincerely,

Radhika

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Hello everyone, 

 

I am currently working for **** as a full time employee since July 2014. I was working as a contractor in **** since February 2013 through a consulting company (I have valid H1B until Sept 30, 2014 from my consulting company). **** process all the immigration process through a third party law firm. I have already been hired by **** and have already received 2 pay stubs from ****. The law firm is now saying that **** had never applied for a new petition or H1B transfer from the consulting company. I was assuming that the HR department of **** and the law firm had already applied for the new petition because they took more than 2 months to hire me as full time. The law firm is telling me that they will file for a new petition through consular processing and once the H1B is approved, I have to leave US to get new I-94 and new visa stamp since by visa is already expired. Have any of you faced any of these situations? Any insights and feedback will be really really appreciated. 

 

Sincerely,

Radhika

I am in the same boat.I was on h1b visa and I left my company X on June 27th since my new company Y informed me that you can start working.I started my new job on July 14.On July 29 I was told by my HR dept. that your h1b visa was never filed.The company is doing premium processing for H1B approval and telling me that I have to go to India to get new I-94 and visa stamped.My questions are:

1) If my old company X has not informed USCIS of me leaving the company will my status will be considered valid or they will consider the last pay stub as status?

2) Do I have to go to India to get stamping done or I can go anywhere outside US to get the stamping?

Need valuable advice to make an informed decision.Thanks.

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