Do I Need to go for Stamping in Consular Processing

[SCSVEL]

Hi All,

 

I have worked in company A with my H1B VISA which is valid till JUNE 2017. Company A terminated me on Mar 4, 2016 and I got a job now in B; and B is going to transfer my H1B and they are saying there is chances for consular processing as I don't have pay stubs from Mar 1st.

 

Now my question is Do I need to go for stamping if I need to go to India and return back on Consular Processing or Just go & return is enough without going for new stamping.

I am asking this question by keeping in mind that my VISA in passport is still valid (June 2017).

 

Please clarify.

[rahul412]

No need of new VISA if your current H1 visa is still valid, just cross the border and get new I94.

[adshah84]

You don't need to go for stamping. You can just go out of the country and return back with old stamping and new I797. 

[permaudit]

it depends on what your approval says. You new I-797 would have an I-94 which means your status was considered. It would mention Consular Processing which would mean that you will have to get your visa stamped in order to work.

 

In your case, it would be consular processing as you are out of status from Mar 4 till your new H1 was approved, unless you had an approved petition prior to Mar 4.

[Bob_86]

Hello,

 

Could you all please let me know, how different is Consular VISA Interview compared to a Normal VISA interview?

 

My H1-B was rejected and I left the country and I found a new job, and employer filed H1-B with Consulate processing and is approved. 

 

I just want to know if there is any kind of difference between normal VISA interview processing and Consulate interview processing. And this would be my First VISA H1-B VISA interview.

 

I really appreciate any information provided.

 

Thanks.

[ashuneel]

When will company B file H1B. You will be out of status from March 4 ( last day) to date of filing for company B.  new visa may or may not be required based on what approval notice says. You may not even need to exit if you get new I -94 and they choose to overlook the status gap.

[permaudit]

Hello,

 

Could you all please let me know, how different is Consular VISA Interview compared to a Normal VISA interview?

 

My H1-B was rejected and I left the country and I found a new job, and employer filed H1-B with Consulate processing and is approved. 

 

I just want to know if there is any kind of difference between normal VISA interview processing and Consulate interview processing. And this would be my First VISA H1-B VISA interview.

 

I really appreciate any information provided.

 

Thanks.

Both of them are the same

[balajimcat]

your approved i797 should describe if its consular approval or not, if it says the exit and enter usa is a rule

 

again, you have visa stamped previous which is valid till 2017 and same as i-94

here visa is valid but not i-94, because as soon as your new h1b is consular approved means all your existing i94 is void, meaning you need to exit and re-enter, this can be done either going to Canada/Mexico on transit visa (drive thru the border and while re-enter meet US Consulate and get the new i-94

 

if want to know literally need to go India and re-stamping: i had discussion with my attorney and they say it will be explained in petition approval mail to petitioner explaining what to be done next,

1. uscis would say exit and re-enter with new i-94

    (means just Exit and Re-Enter)

 

2. your new h1-b is approved and the same details are sent to US Consulate General office, you are not eligible to work with this petitioner until you get re-stamping approved at the US Consulate Office according to the job requirements mentioned with this petition

    (means, exit, attend visa interview, get stamped and re-enter)

     here again, it does not say whether US Consulate in India or anywhere possible, so your company will decide where to send your application of visa interview, at this point of time please discuss with company and company attorney about Going to India/Canada/Mexico

Many experienced company sends to Mexico/Canad, few without much knowledge send to Parent Country

Canada and Mexico is cheap, easy and in 3days you can re-enter

 

PS: not sure who has to pay for all these expenses of travel/hotel during re-stamping