Marriage on F-1 with H1B applied by employer (result pending)


smog

Recommended Posts

Me and my girlfriend are finalizing the dates for the wedding and we are heavily inclined towards the April 10 - May10, 2015 window. Please help me with some doubts:

 

Facts:

1) April 1, my employer applies for my H1B with consular processing.

2) My first term OPT expires on 18th May 2015, extension would be applied for in January 2015, so will have the extension EAD card before leaving USA on 10th April, 2015.

3) I cannot wait till October 2015, to get married. I understand H4 is easier to obtain, but that is the situation.

 

Questions:

1) Is there a risk involved in consular processing? Do many employees use this option?

 

2) I plan to be in India from April 10-May 10. What are the chances that my file is picked up between these dates and H1B is approved?   I assume that will have an influence since I was out of USA when processing took place. Is it considered "abandonment"?

 

3)  What if my file is picked up between these dates and H1B is rejected (I will still have my OPT extension)? Will that have any influence since I was out of USA when processing took place (although unlucky in the lottery)?  

 

4) If my H1B is filed without premium processing, the employer says that the file will not be processed until sometime during Summer/Fall. Is this true?

 

5) When I file for OPT extension, do I get a application confirmation only, or will I get a separate confirmation saying that the OPT extension has been granted (before the extension EAD card arrives)? This will be helpful in filing F-2 for my wife.

 

Please answer point-wise, so it is easy for me to understand. Thanks to all the experts in advance.

Link to comment

1. Due to the nature of your situation, your lawyer must have suggested you to opt for consular processing. Say if the beneficiary is in India, then employer has to choose consular option only. However most employer choose COS if the beneficiary is in USA.

2. No. Abandoning COS ~ when your H1b is filed with COS option. Like you said, your H1b will be filed as consular, you are free to travel. But you need H1b visa stamp to come back to US after 1st Oct 2015.

3. Well, no one can control that. You can still come back to US based on your current visa if valid.

4. Not fall, but summer yes.

5. Anytime you send application, USCIS will always send you the receipt and decision notices.

Link to comment

1. Due to the nature of your situation, your lawyer must have suggested you to opt for consular processing. Say if the beneficiary is in India, then employer has to choose consular option only. However most employer choose COS if the beneficiary is in USA.

2. No. Abandoning COS ~ when your H1b is filed with COS option. Like you said, your H1b will be filed as consular, you are free to travel. But you need H1b visa stamp to come back to US after 1st Oct 2015.

3. Well, no one can control that. You can still come back to US based on your current visa if valid.

4. Not fall, but summer yes. - I will be traveling in the April 10-May 10 window. The H1B will be applied by my employer on 1st or 2nd April. What are the chances that my file is selected and processed in that window? Will it have any impact? 

5. Anytime you send application, USCIS will always send you the receipt and decision notices.

 

Link to comment

In response to answer  to point #4 - I will be traveling in the April 10-May 10 window. The H1B will be applied by my employer on 1st or 2nd April. What are the chances that my file is selected and processed in that window? Will it have any impact?

Link to comment

Archived

This topic is now archived and is closed to further replies.