Received Initial Review Mail for My H1b Extesion

What is H1-B Consular Processing?

H1B consular processing means getting an H1-B visa stamp at a U.s. embassy outside of the US.

Who is Eligible For Consular Processing?

If you are currently in the U.s. on a visa like F1 or H4, and you besides wish to use for H1B lottery you tin either employ for a modify of condition or opt for consular processing.

Is Consular Processing Mandatory for Adjustment of Condition?

• Consular processing is not mandatory for Adjustment of Condition
• It is not necessary to go to your habitation state, in nearly cases
• If you lot are in the U.s. and want to alter your status, you lot don't need to get out of the U.s. to actuate your H1-B
• However, in certain situations it'south preferable to file for consular processing

Nether What Circumstances Should I Opt for Consular Processing?

You May Demand to File for Consular Processing Under The Following Circumstances:

• Yous accept filed your H1-B lottery application equally 'Consular Processing' awarding
• You joined a new H1-B employer B on receipt and your pending H1B extension from employer A receives RFE after I-94 death
• YourH1-B transfer  may receive an RFE to wait for employer A'due south bridge extension decision before your H1-B transfer tin can be approved with a new I94
• Many employers in this situation decide to opt for H1-B consular processing rather than waiting for the pending employer A's extension
• If y'all travel outside the US while H1-B Change/Extension of Condition is pending
• USCIS will automatically abandon your awaiting H1B alter or extension of status application if you travel while your awarding is pending
• USCIS will approve your H1-B, but with consular processing
• Hence, you lot have to H1-B postage stamp and so enter the U.s. in this instance

What are the Advantages of Consular Processing?

• You can somewhat decide the engagement of your H1-B activation
• In the case of first-time lottery H1-B  alter of condition from F1 (OPT/CPT) to H1B or H4 to H1B, it is better to file for a consular processing
•  USCIS approval without consular processing will immediately change your condition. They volition issue a new i94 immediately
• If you programme to go on working with OPT, CPT, H4 EAD, L2 EAD till the 24-hour interval y'all want, opt for "Consular Processing" while filing your H1B application
• By Choosing "Consular Processing", you can choose to become out of the US and then enter using an H1-B visa at a date that you want to get-go working for the new employer

Tin I Pursue Both "Aligning of Status" and "Consular Processing" for the same I-140 Petition at the Same Time?

• You lot take to choose between Adjustment of Condition  and Consular Processing
• If yous choose Adjustment Of Status on the Form I-40,  and later choose to opt for Consular Processing, you have to file Class I-824 with the appropriate USCIS service center and wait until you receive the notice
• Many consulates may require approving of the Form I-824 (processing time vary, and may take over half dozen months) before Consular Processing can begin
• However, if you choose Consular Processing and afterwards decides on Aligning of Status
• You lot can fill upward the I-485 Adjustment of Status class, noting the change
•  USCIS will transport a letter acknowledging the alter and requesting confirmation of the new choice of Aligning of Condition
• The previous choice (Consular Processing) will be canceled and the file transferred from the NVC to the Service Center adjudicating the awarding
• In either case, the change in pick will add several actress months to the usual processing times

Summary of Consular Processing Steps

Footstep 1 : Course I-140, Immigrant Petition for Conflicting Worker , is filed with USCIS, requesting consular processing

Step 2 : Upon blessing of the I-140, USCIS sends detect of approval to the State Department's National Visa Middle (NVC).

Footstep 3 : If a visa number is available for the bidder in the next year (varies by nationality and category of immigrant visa), NVC sends a fee neb for Immigrant Visa processing to the applicant/attorney of record

Step four : Once payment is processed, NVC volition forward an teaching packet (formerly chosen Packet iii) with forms and a list of supporting documents to exist submitted by the bidder:

Stride 5

If you lot are applying for Consular processing, piece of work with your lawyer, and gather appropriate documents before appearing for the in-person interview

• You must consummate online course DS-160, Online Immigrant Visa Application.

•  Upload your photo while completing the online Form DS-160

• Your photo must be in the format explained in the Photograph Requirements

STEP half-dozen

• You must schedule an date for your visa interview, more often than not, at the U.South. Embassy or Consulate  in the country where you live
• You may schedule your interview at any U.S. Embassy or Consulate, simply be aware that it may exist difficult to qualify for a visa outside of your place of permanent residence
• Wait times for interview appointments vary by location, flavour, and visa category, so y'all should apply for your visa early
• Bank check you wait fourth dimension here

Footstep 7

Prepare for your Interview

• Fees – Pay the not-refundable visa awarding fee , if y'all are required to pay it before your interview. When your visa is approved, you may also pay a visa issuance fee, if applicable to your nationality
• Fee information is provided here
• Review the instructions bachelor on the website of the diplomatic mission or consulate where yous will use to learn more virtually fee payment
• L visa applicants included in an L blanket petition: Y'all must too, pay the Fraud Prevention and Detection fee and may need to pay the Border Security Act fee
• Gather Required Legal Documents
• Please annotation additional documents may be required

STEP eight

Attend your Visa Interview

• During your visa interview, the consular officer will make up one's mind whether yous are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel
• Y'all volition need to establish that you meet the requirements under U.S. law to receive the category of visa for which y'all are applying
• Ink-free, digital fingerprint scans volition be taken as part of your awarding process
•  They are ordinarily taken during your interview, but this varies based on location
• You will also be informed by the consular officeholder if further processing is necessary for your application

What are the Disadvantages of Consular Processing?

• The biggest problem with H1-B consular processing is that you have to go through one more stride of scrutiny with the visa officer
• It besides raises issues of admissibility:  if yous take stayed across a period authorized by the Attorney Full general on Form I-94, you may be barred from inbound the U.S. for up to ten years
• E'er results in in-person interview by the consular officer
• Some consulates may not give right to counsel at the interview
• There is no entreatment or other administrative review bachelor to challenge a negative conclusion by the consulate
• Processing times and success rates vary from state to country
• Availability of appointments depends on the individual consulate
• An inadequate interview may result in a request for additional show, and a subsequent interview, often two weeks or more after the first interview, at the consulate's discretion
• Green card portability is not available.
• Concurrent filing with the I-140 Petition is non available
• The consular process is generally slower than Adjustment of Status

If yous have whatsoever question or comments near consular processing of your overseas employee or have questions nigh the Green Card procedure in general, you tin schedule a consultation with u.s.a.:

Schedule a call at 469-994-9407   or contact us using the form .

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Source: https://ustunlawgroup.com/consular-processing-of-h-1b-advantages-and-disadvantages/

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