H1B Approved with Consular Processing: Visa Stamping Location


resham

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Hello All,

 

My H1B Extension has been Approved with Consular Processing, I need to depart the US and apply for Visa at consulate abroad.

 

My current H1B is valid till Mid-February, residing currently in US.

 

If anyone gone through this situation, please post you experience.

 

Also mention in the Approval Notice is that " If the worker apply for a visa at a consulate other than listed(Mumbai), the  petitioner should file Form I-824, application for action on an approved application or petition, to request us to notify the new consulate".

 

Wanted to know can I go for visa stamping to Canada or Mexico without filing I-824. I asked my attorney He said there is no need to apply for I-824, I can go to any Third Country(canada/mexico). If someone know please shed some light on this.

 

 

Thanks,

Resham

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Thank you for your reply Jairichi, one more concern is that, it is mentioned in the notice that " The above petition has been approved for the classification requested. It has been determined that the named worker(s) are not eligible for the requested change of status".

 

In my case it's straight forward H1B to H1B extension, I don't understand why it's mentioned as "not eligible for the requested change of status".  Iam not changing any status here, If you have any idea, please let me know.

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Thank you for your reply Jairichi, one more concern is that, it is mentioned in the notice that " The above petition has been approved for the classification requested. It has been determined that the named worker(s) are not eligible for the requested change of status".

 

In my case it's straight forward H1B to H1B extension, I don't understand why it's mentioned as "not eligible for the requested change of status".  Iam not changing any status here, If you have any idea, please let me know.

If you were working without a break on H1B and being paid salary regularly and did not violate H1B norms then there might be a mistake why your H1B extension got approved with consular processing. Discuss first with your employer's attorney.

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Jairichi, My attorney said she did filed as extension not as change of status. I will have a clear idea once I receive the H1B filing documents from my attorney.

JoeF, I did not go outside of US during the extension filing. In fact It's more than 4 years I have not left US.

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Jairichi, My attorney said she did filed as extension not as change of status. I will have a clear idea once I receive the H1B filing documents from my attorney.

JoeF, I did not go outside of US during the extension filing. In fact It's more than 4 years I have not left US.

i think its better you go home country because that note on the approved petition might trigger administrative processing, its better to wait in home country than some other country

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