H1B 7th year - Consular Processing

[mrcoorg]

Hi,

 

Environmental Engineer with Master’s Degree. Changed jobs in Sep 2013 with 14 months of H1B.

Employer started the GC Process, Due to the Govt shutdown, the prevailing wage was started through paper application… came back very high after errors by the lawyer, twice; finally applied for PERM on October 2014. H1B expired on Nov 15^th and I left to India on Nov 10^th 2014.

PERM approved on April 12^th  2015, I140 approved on June 24^th – PP; New H1B application is being prepared. -PP

 

My questions are,

1.       What is a consular processing?

2.       When will I know that my H1B is approved?

3.       Do I need to make an appointment before my attorney applies for H1B?

[rahul412]

1. Your H1 approval without new I94, you need to cross the before before your current I94 exp and get the new one

2. Your employer gets the approval copy.or you can check the status online.

3. No need, you can do it after the H1 approval.

[rara5]

Did you go to Syracuse by any chance?

 

1) Consular Processing (CP) as the name suggests is approval at a US Consulate. Since you are out of the country your H1-B extension application has to be CP and can't go in as extension of stay. (since your H1B  has already expired at the time of the application). You will receive a I-797 B approval notice as opposed to the 797 A. The B notice has the petition approved but the H1B visa approval is left to the Consulate where you will interview.

[rara5]

(2) You can track it online with the application no. -

(3) You can't make an appt at the Consulate without the 797 approval notice. Not sure what you mean by taking a appt without even the application going in? Just to be clear - it's a two step process, the H1B extension petition has to go to USCIS for approval (not the foreign Consulate) and the H1B Visa approval (after receipt of approved petition) is adjudicated at the Consulate.

[JoeF]

Consular Processing is for the Green card, not for the H1.

H1 petitions are always processed by USCIS. You just get an H1 visa from the consulate, just like everybody else.

CP for a GC replaces the I-485. The consulate checks the paperwork and issues an immigrant visa.