Hello, I have my H1B approved(2018) with the role “Computer Programmer” with wage level 2 (at the time of applying, which is revised to Level 1 now) working for a client project at employer location.
My employer has filed Amendment for a new client change recently in Premium Processing which is yet to generate a receipt number.
Do you observe any potential issues/risk with “Computer Programmer” role attending visa interview in effect with 2017 USCIS memo stating that “Computer Programmer” role may not qualify as specialty occupation?
Do you see any issue/risk going for Visa stamping with Client A when Amendment for Client B is in progress?
Thanks in Advance.
Petition approval depends on your paperwork. I cannot say if it will be a problem or not.
Going for stamping is an issue if your amendment is pending and you have started working as per amendment.
Thanks for the prompt response Anil. When you say Petition approval, is it regarding Visa Stamping approval with US consulate? because my Petition approval is complete with USCIS.
Have you noticed any cases, where an individual had issues going for Visa stamping with US consulate on “Computer Programming” role due to specialty occupation?
Didn’t you say that your client B amendment is pending?
Sorry for the confusion. Yes, my Amendment petition with client B is in progress. I meant to say above that my petition with Client A is complete.
As my petition with client B is still pending (started working with Client B), can I go for visa stamping with approved client A I-797?
And as my role with Client A is a Level 1"Computer Programmer", do you see any issues going for visa stamping with that approved petition?
That’s what I answered that Visa officer may not approve your Visa as you are not currently working as per the approved H1B, which is for client A.
It’s a risk.
Ok. That answers my question. Thanks Anil.
Can I know what would be the risk attending visa stamping interview with client B whose amendment is in progress?
US embassy can only approve Visa for an approved petition. They might ask you to wait for amendment approval before they can issue Visa for client B.
Ok. That helps Anil.
Can an Employer ‘B’ apply H1B visa transfer for the employee who is in India on vacation, currently working for Employer ‘A’ ?
Assuming visa stamping with Employer ‘A’ petition is complete, do the employee still need to go for visa stamping again with Employer ‘B’ approved petition in order to enter USA?
Employer B can file H1B Transfer anytime. But it depends on where you are physically at the time of filing petition.
If you are outside US, you can only file H1B Transfer with consular processing, which means that you will need to get H1B visa stamp for new employer.
If you travel after filing transfer, USCIS will automatically convert the application to consular processing.
Thanks Anil. Do you see any issues with “Computer Programmer” role attending visa interview?
The role does not matter as long as your petition is approved.