Travel to India on H1B consular processing option

[smog]

I will be applied for the H1B on 1st April 2015 by my employer, with consular processing option (not COS option). It will be a non-premium processing. Currently I am on OPT (valid till May 18 2015). I want to travel to India between 10th April-10 May, 2015 for marriage.

- How different is the consular processing option from the COS option?

- I have heard I need to be in the USA when my H1B application is pending? Does it apply to my case?

- What is abandonment of opportunity? Will I be in any trouble if my file is processed when I will be in India?

Please help, I am confused.Thank you in advance.

[jairichi]

For a COS petition you need to be in US and any travel abroad will be considered as abandoning COS part of H1B petition. When filed as consular processing you have nothing to worry.

[smog]

Thank you Jairichi. Also,please explain how is COS different from condular processing in terms of getting H1B stamped on my passport. Is it risky or do people do it all the time?

I am extremely thankful to you already for your help. You guys are doing a great service!

[jairichi]

Thank you Jairichi. Also,please explain how is COS different from condular processing in terms of getting H1B stamped on my passport. Is it risky or do people do it all the time?

I am extremely thankful to you already for your help. You guys are doing a great service!

COS is a process that is done if you are in US on a valid status and moving to a different status. If approved there is no need to travel outside US to get a visa stamp to join employer. Consular processing can be done while being in US or outside US. To join employer one has to enter with a valid visa stamp and approval notice. COS is easier as it avoids the need to travel outside US.

 

Thanks for the appreciation. 

[smog]

Consular processing can be done while being in US or outside US.

 

How can it be done while I am in the US? Consular processing is suggested in my case only because I plan to travel immediately after my H1B application. I was told I have 1 year (from Oct 2015-Oct 2016) to exit USA and re-enter with a H1B stamp. In the mean-time, I shall continue taking advantage of my OPT-extension and not lose time on H1B.

 

When you talk about consular processing, is it just stamping or is there some additional procedure that needs to be followed at the Indian consulate? Because stamping needs to be done even when you apply for H1B with a COS. My understanding is this:

 

H1B with COS: If approved, USCIS database will change my status to H1B in their system, but my passport will still show F1. Hence I need to get stamped at the Indian Consulate before re-entering USA.

 

H1B with Consular Processing: If approved, I will only get an approval letter, but both USCIS and my passport will show me as F1 until I get stamped in the Indian consulate.

 

Am I correct?

[jairichi]

How can it be done while I am in the US? Consular processing is suggested in my case only because I plan to travel immediately after my H1B application. I was told I have 1 year (from Oct 2015-Oct 2016) to exit USA and re-enter with a H1B stamp. In the mean-time, I shall continue taking advantage of my OPT-extension and not lose time on H1B.

 

When you talk about consular processing, is it just stamping or is there some additional procedure that needs to be followed at the Indian consulate? Because stamping needs to be done even when you apply for H1B with a COS. My understanding is this:

 

H1B with COS: If approved, USCIS database will change my status to H1B in their system, but my passport will still show F1. Hence I need to get stamped at the Indian Consulate before re-entering USA.

 

H1B with Consular Processing: If approved, I will only get an approval letter, but both USCIS and my passport will show me as F1 until I get stamped in the Indian consulate.

 

Am I correct?

Sorry I wasn't clear. What I meant was consular processing can be requested when your petition was filed during your stay in US or outside US.

Consular processing is applying for visa at an US consulate with supporting documents.

You are correct in your inperpretation.

When approved as COS you automatically move to H1B status from start date and you need a valid visa when you travel abroad and return to US.

In approved as consular processing there is no automatic move to H1B status. You tend to be on whatever status you were when the petition was filed. To move to approved status i.e. H1B in your case you will need to exit and enter US with a valid H1B visa and I797.

[smog]

But consular processing is still a safe option right? I mean, is there any risk involved? Do people use this option?

[jairichi]

But consular processing is still a safe option right? I mean, is there any risk involved? Do people use this option?

Everything is safe if you have proper documents.

[smog]

1) How long does it take to get the Visa stamp after I appear in my home country's (India) US consulate? I have heard tales of people having to wait for months while their status shows "Administrative Processing"? Do all consular processing cases undergo such "Administrative Processing"?

2) Does it have to be a US consulate in India? I have a Masters in Engineering from US.

3) How early can I appear for interview at a US consulate (in India or any other country) assuming H1b is accepted.

[jairichi]

1) How long does it take to get the Visa stamp after I appear in my home country's (India) US consulate? I have heard tales of people having to wait for months while their status shows "Administrative Processing"? Do all consular processing cases undergo such "Administrative Processing"?

2) Does it have to be a US consulate in India? I have a Masters in Engineering from US.

3) How early can I appear for interview at a US consulate (in India or any other country) assuming H1b is accepted.

1. If all documents are there and VO is convinced then any US consulate will issue a visa immediately. If not then you end up with administrative processing.

2. You can go to Canada or Jamaica.

3. Not more than 90 days before H1B start date i.e. Oct 1st. Since you are already in Oct you can go even now.

[smog]

1. If all documents are there and VO is convinced then any US consulate will issue a visa immediately. If not then you end up with administrative processing.

2. You can go to Canada or Jamaica.

3. Not more than 90 days before H1B start date i.e. Oct 1st. Since you are already in Oct you can go even now.

 

jairichi, I am asking for next year's cycle. Thank you.

[jairichi]

jairichi, I am asking for next year's cycle. Thank you.

Not more than 90 days before H1B start date

[Palak Choudhary]

Hello All,

 

I am currently in US and working on OPT which will expire in May 2018. My F-1 Visa is also valid till May 2018. My employer will file for my H1B coming April 3rd. I am getting married in July and hence will have to leave country while my H1B gets processed. My initial Plan was to file H1B under Premium Processing and hence my H1B would have been processed by June and I would have received I-797A, allowing me to travel to India for my Marriage. But yesterday USCIS have temporarily suspended H1B Premium Processing. 

 

So my question is how will this affect my Travel plan as now my H1B will be filed under regular processing. I have been going through online blogs and have found out that if you are not in the country while your H1B is processing than USCIS issues I-797B because of which your Change of Status from F-1 to H1B will not take place automatically on October 1st but you will have to visit a Consulate in India to Change your status and get Visa stamped. In this case do I have to leave country before October 1st and get H1B visa stamped or can I stay and work for my employer since my OPT is valid till May 2018. Will I face any issues while re-entering in USA? I know that OPT gets suspended automatically on October 1st if they issue I-797A, is that the case with I-797B as well?

 

Of course this will happen only if my H1B gets selected in Lottery and if they do not process my H1B before I leave the country in July.

 

Also after returning back can I file for Change of Status again?

 

Should I send my H1B application with Change of Status or Counselor Processing?

  

Any help would be appreciated!!

 

Thank You,

Palak

[Raghavendra Padmanabhan]

Hi ,

I have the exact same situation as Palak above. My employer is filing for H1b this time and I have to travel for my wedding between May 18-June 02 and since there is no premium processing this time should I file my H1b under Counselor Processing to ensure smooth travelling and processing of H1B ?

Also, by when would I have to go back again to India to get the H1B stamped under Counselor Processing (assuming the H1b is filed in April 2017 with a start date of October 2017).

Is it possible to apply for a change of status after coming back to the US in lieu of the Counselor processing. (I will have valid OPT status till Feb 2018) .

 

Thank You

Raghav 

[Swasti]

@Palak Choudhary @Raghavendra Padmanabhan did u get answer to your question? Did you figure out what to do?

Is it safe to travel outside usa while h1b is filed under consular notification 

[KaranB]

Any update on the above questions by @Palak Choudhary , @Raghavendra Padmanabhan , and Swasti?