Consular processing I797B with valid visa

Hi, I have valid H1B visa stamp on my passport till 09/30/2020 from Emp A. I resigned from Emp A on 2/28/2020 and started working with Emp B on transfer receipt within the 60 day grace period.

I received RFE for maintenance of status even without any violation. No questions raised on h1b application itself.

To avoid any risk with RFE can I :

  • convert the transfer to consular processing and get I797B ?

  • travel outside US and come back with my valid existing visa stamp from previous employer and new employer’s I797B ?

What are the risks in doing that ?

You can travel if you want.

I have the same scenario but the only difference is that the employer is same in my case and the second petition is an amendment for a different location. If i were to receive approval with consular processing, can i still choose to stay in the country and go back to my previous client with whom i have an approved visa (with I94 till 2023)? or it is mandatory for me to travel outside the country?

You can choose to go back to work for old client/Employer if that H1B i797 is still valid.

Thank you Anil for the update. I also have another question, is there a possibility where the H1B petition is approved and the details are sent to an US consulate office? if that happens, is it mandatory that i have to go for an interview?

The reason i am asking is one of my RFE question is “which consulate would the beneficiary want to travel, should the USCIS deems necessary”

Every H1B approval’s copy is sent to your home country consulate. This is done to make sure that your records are immediately available if you go for visa stamping.

This is normal.

Hi Sri, Can you share your experience during re-entry using the I-797B approval form? I have a valid visa stamp with an I-797B and I plan on going to Mexico border to get a new I-94.

I actually ended up getting a I797A so didn’t have to travel. Good luck to you.

Hi Sri, did you get an I-797A even though your attorney requested for consular processing?