About Pending H1B transfers and new H1B transfer on consular processing

[Ramakrishnan (srk ssk)]

Hi

I need your suggestions based on my questions below ( as I may have to travel to India by February 2022 (which cannot be avoided)).

I work for a service based company.My job involves working at client side.

1. I came to the USA on june 2019.My visa was valid until November 2019 and i94 was valid until december 5th,2019 and I was working with client A.

2. My parent company applied for extension on september 2019 ( premium processing) until September 2020 with the same client A.Though applied in premium we could not get the reply from USCIS by 15 days.When asked we were informed that it is on security check .So I waited for the clearance.

3. Post June 2020, I had a change of client ( Client A=> Client B). Our lawyer told that as its H1B extension + Amendment, I can stay and work legally ( while the petition is pending with the USCIS - so no issue w.r.t 240 days ( with expired i94)-is what I was informed by the lawyer.So I ws continuing with next client B.This petition filed on june 2020 was on normal processing.

4. This year August , 2021 I had a change of client and one more H1B Extension + Amendment was filed .

5. Basically, 3 of my petitions are pending due to security clearence.I seeked the help from congressmen but the reply that we had received from USCIS was that its pending for security clearence based on which they will decide on my petition.

6. I heard that for my collegues in my parent company, they are also into a similar issue .

7. If I try for an another job , the new company may apply for a consular processing ( so as to avoid the bridge petition). In this situation i need your suggestions for the following:

While my petitions are pending at USCIS for my current company :
Say if the new H1B transfer ( with consular processing is filed) and say it gets approved,
a) Should I need to travel outside USA immediately ( with my family -H4 dependents) for visa consulate?
b) As I am in the USA, can I opt for mexico consulate ( as I am not sure about the appointments incase of INDIA) ?
c) Considering my previous pending petitions, is there a chance of 221G in mexico ( or) as its a new company that should not be a gating factor ? Pls advise.
d) Can I alone travel to Mexico for stamping as I do not want to have my kids missing their schooling ( incase of 221g) ?
e) If my new company B has the same set of clients , I may have more chances to work with them ( continuing the same project/same client).WOuld it be quetioned on consular interview ? Is that still fine/ advisable to join the company?
f) If i get the trasfer approved, do I have to join the new company immediately, work with the client until one payslip is generated and then only should I go for consular processing?
g) Say if the new H1B transfer is approved, Can my dependents ( H4) allowed to stay in the USA ( until I come back with stamping + I94) ( or) for consular processing all of us have to travel to embassy immediately ( based on the appointment date)?
h) If the transfer is approved, would H4 also get the approval notice ( i797) along with H1B ( incase of new H1B transfer via consular processing).
I) If entire family has to attend consular processing and we travel outside ( mexico) , say if things turns positive would H1B and H4 stamping be done and we all can enter USA after that?
J) I am concerned on 221g incase ( of my pending petitions) , we may not be able to stay for long time in Mexico .If so , would the consular return the passport so as to return to India ( as a worst case scenario) ?
h) Can I start working with the company B after the transfer gets approved ( which may be without I94).

Please let me know your suggestions and what shall I do in this case.

Thank you,
Regards,
Ram

[Kalpesh_Dalwadi]

@Ramakrishnan

a) Should I need to travel outside USA immediately ( with my family -H4 dependents) for visa consulate?

You can travel when you want to and once visa is stamped, you can travel back and start working for the new employer.

@Ramakrishnan

b) As I am in the USA, can I opt for mexico consulate ( as I am not sure about the appointments incase of INDIA) ?

You can go to Mexico for stamping however appointments may be restricted or limited for TCN interviews.

@Ramakrishnan

c) Considering my previous pending petitions, is there a chance of 221G in mexico ( or) as its a new company that should not be a gating factor ? Pls advise.

There is always a chance of 221g. In your case as you already have 3 petition pending, chances are even higher.

@Ramakrishnan

d) Can I alone travel to Mexico for stamping as I do not want to have my kids missing their schooling ( incase of 221g) ?

Sure you can however if your visa is denied for whatever reason, H4 dependents will be out of status and will have to leave the US asap.

@Ramakrishnan

e) If my new company B has the same set of clients , I may have more chances to work with them ( continuing the same project/same client).WOuld it be quetioned on consular interview ? Is that still fine/ advisable to join the company?

Working for same client via a different employer should not be an issue.

@Ramakrishnan

f) If i get the trasfer approved, do I have to join the new company immediately, work with the client until one payslip is generated and then only should I go for consular processing?

If your petition is approved with consular processing, you cant work for the new employer until after you get the visa stamped and enter back to the US.

@Ramakrishnan

g) Say if the new H1B transfer is approved, Can my dependents ( H4) allowed to stay in the USA ( until I come back with stamping + I94) ( or) for consular processing all of us have to travel to embassy immediately ( based on the appointment date)?

H4 dependents can stay in the US if their I94 are valid. They should ideally go for stamping if their timely filed H4 extension of status application is pending and I94 is expired for more than 240 days.

@Ramakrishnan

h) If the transfer is approved, would H4 also get the approval notice ( i797) along with H1B ( incase of new H1B transfer via consular processing).

If the H1B transfer petition is applied for consular processing and is approved, you dont need to apply for H4 extension of status. H4 can go with primary H1B approval notice for visa stamping.

@Ramakrishnan

I) If entire family has to attend consular processing and we travel outside ( mexico) , say if things turns positive would H1B and H4 stamping be done and we all can enter USA after that?

Yes.

@Ramakrishnan

J) I am concerned on 221g incase ( of my pending petitions) , we may not be able to stay for long time in Mexico .If so , would the consular return the passport so as to return to India ( as a worst case scenario) ?

In your case, going to home country for stamping is highly recommend. In case you are issued 221g, no matter which country you go for stamping, consulate will return the passport and will tell you to resubmit after 221g is cleared.

@Ramakrishnan

h) Can I start working with the company B after the transfer gets approved ( which may be without I94).

No.

[Ramakrishnan (srk ssk)]

Thank you Kalpesh for your valuable inputs