H1B transfer approved with Consular processing during Coronavirus

USA
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22

You mean I can stay 180 days but if I stay more than that 3 years ban will start right?

23

That’s what your attorney has probably suggested. My opinion is different.

24

I didn’t get your opinion. Could you explain your opinion more clearly?

25

Please read this again:

26

Hi Anil,

I am also going through a similar situation and would like to get your help and guidance.

I received my H1B approval notice few weeks back and noticed that I got an I797B instead of I797A.

Currently, I am on H4 EAD which is valid until 12/31/2021. I am still working for the same client at the same location as mentioned in my LCA.

My H1B approval is valid from 2/19/2020 to 9/30/2020. But I was told that the H1B approval would need to be valid for at least 90 days the day that I undergo visa stamping. Since my approval is valid to September 30, 2020 I was asked to go for stamping at the earliest but not later than June 30th.

But due to current international travel restrictions and US consulate closure, I would like to get your expert advice on the following:

  1. In case the travel restriction are not lifted before June 30th or the visa stamping date is not available before June 30th, what are my options to activate my H1B?
  2. Can I apply for my extension beyond September 30th while staying in US and without going for the consular processing?
  3. For people who are affected due to the recent consulate closure, are there any grace period for them to get it stamped even beyond the expiration date?

Thanks a lot for all your help and guidance.

27

Hi @VRN

I am not aware of any such 90 day period. You can go for visa stamping as long as the H1B petition is valid on paper.

There is no extra time or exception available during Coronavirus.

You can apply for extension again and go for stamping once it is approved.

28

Thank you Anil.

“You can apply for extension again and go for stamping once it is approved.” - Do you mean to say that I can apply for extension now (without activating my H1B by going for stamping) and then go stamping after it is approved?

Thanks!

29

Yes, that’s the only option you have if you can’t go out for visa stamping.

30

Hi Anil

With Today’s executive order to ban H1B Visa holders who doesn’t visa stamped in passports.
I am in USA with Consular approval which needs Visa stamping done outside USA.
Do you think is there any option for me other than wait until the ban is over to go to stamping and enter USA ?

Please advise.

Thanks
Bob

31

Hi @Bob

I answered a similar Question earlier today here:

https://forum.am22tech.com/t/travel-ban-h4-waiting-for-h1b-lottery-to-be-approved-in-usa-is-it-affected/17397/2?u=anil.gupta

32

Hi

I had a similar situation where I went beyond my 60 day work authorization window but timely filed for a change to b2.

When filing an h1b petition with my new employer, based on attorney’s suggestion, we requested a transfer claiming NPT and bridge, instead of consular processing because of the travel ban that was announced jun23rd.

My most recent I-797 approval notice from my previous employer has a date of dec 2020 ( which is the same as my last i94 record, however my last visa stamp is of feb2020).

I got an rfe today where they have completely ignored the npt claim stating my status as invalid for a transfer.

What would be the safest way to file a response to the rfe?

  1. re-request the transfer as NPT asking to bridge the gap and include an alternative response of converting to consular incase they think the current scenario doesn’t qualify as NPT

  2. purely filing it as consular processing and then file a change of status via the h1b amendment in order for me to start work without having to leave the US ?

How safe is option 2 and how would it work in my case?

Please advise.
Thanks!

33

What is your attorney saying about this RFE?

Seems like your attorney has completely ignored the B2 application which is currently pending.

You cannot start work by filing H1B amendment if the previous H1B was approved as ‘consular processing’ as the status does not change until the COS is actually approved.

I suggest to talk to a different lawyer to get a second opinion in your case.

34

My attorney is suggesting to respond to rfe re-requesting the (bridge+ NPT) and alternatively include a response for requesting consular processing incase they don’t consider the NPT request, i.e #1. He says the h1 amendment after consular is a also discretionary and has even lower chances of approval than the NPT.

36

@Akimbo Could you update us on what happened to your situation? I am going to be in the same situation a week from now. So your update might help. Thanks.

37

Hi Anil,
I have a tricky situation on I- 94 extension. I was in India from March to June and our company has stopped operations due to Covid-19, so they were closing the business. They told that official Last day of Employment for me as June 15th. In meanwhile I got another job and they processed my H1B but hey wanted me to come ASAP. It was a premium processing so the approval came very quickly in the E-mail. The attorney said, receipt also would be fine to travel. As I got the approval E-mail, I booked the tickets in VBM on July 5th and come to US. At the POE I showed my Passport with Visa stamp from my old employer and the officer didnt ask me any questions and allowed my entry.

Here is my doubt now,
I Didn’t tell or show any documents or approval e-mail of my new H1B and my I-94 was given based on my previous employer’s Visa stamp. After I came back I joined my new employer in a week and got the H1B approval copy from my Employer.
I saw that my approval is a “I-797-B” consular processing. As my H1B was filed when I was in India so I think they filed in a consular processing. Now I already started working with my new Employer and my I-94 is not updated with the new approval,

  1. Is it OK to work with my new employer now. I have my i-94 (based on my old employer’s Visa stamp) valid until next year November. ***
  2. If I go out of the USA any time before my current I-94 expires, will that be fine or should I need to do something immediately.
  3. Is there any way to get the I-94 updated without leaving USA in this case.
    3)When Visa services open up in India, can my wife apply for the H4 visa with my new approval notice (I-797-B)? or will there be any trouble doing that as my new approval is not recorded with the POE?

I am not willing to travel unless it is really needed.
Please suggest me the best thing to do now.

Thank you.

38

I stopped working waiting to leave United States , I was waiting for my kid’s passport and Visa.

39

Employer still hasn’t filed a response to RFE. It has been more than 2 weeks since I received the RFE in mail. Will update here when I receive my response. Although my employer attorney says even if I get approval as consular processing, I should be able to re-enter without a new Visa stamp as my current admission stamp in passport is till Dec 2020. ( Although my actual visa stamp on the foil has expired). She says that the admission stamp would be considered as the actual visa stamp.

@Anil_Gupta - Do you have any thoughts on that? Is that Automatic Revalidation which means I can simply cross Canada/Mexico border and re-enter without a new stamp because my old i-94 admit until date ( which is the same as admission stamp on passport) is till Dec 2020? Would my pending B2 application have any implication here?

1 Like
40

If you go to 3.49 time stamp, she says you can enter with your old H1B stamp. She also says that while you use the old stamp to enter, you would also show your new H1B transfer approval to them. So that should mean that once you are back in the US you could just start working for the new employer. That is my interpretation. Any thoughts?

41

Hello my current situation,

Employer A laid off April 21st,2020
*visa stamped and i94 valid until 09/05/2022
Employer B Filed H1 B June 17th,2020
Receipt notice June 23rd,2020,
Employer reluctant to upgrade case to premium
Employer C filed H1 b in consular processing, premium 8/3/2020

My question

  1. If I get approval for Employer C with Consular processing, can I go to Dubai and return with the previous employer H1 stamp which is valid until 9/5/2022 and new i797 or I need to get it stamped.?

my attorney said i need to go back and re enter, trying to double check here.
thanks

42

Hi,

My h1b petition ( counselor) filed in 2019 has been approved after almost 1.5 year. The approval is valid til 9/5/22. I am currently working on OPT which is valid till 11 Dec 2020. Looking at the present corona situation and executive order I can not go for the stamping till 31 dec 2020 and may be beyond that if it is extended further. So what are my options apart from applying for COS amendment ?

Thanks