Consular Processing

An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

Difference between H-1B consular processing and change of status

1 year ago By Chief Editor

Question details

I am on my STEM OPT, and it is valid till July 2024.

My H1B was picked(March 2022) and approved(August 2022) last year.

However, my H1B was approved under the Consulate processing and received ( I-797 B). So, I asked my employer about it and got to know that I can change to H1 status whenever I intend to or after my stem opt expires.

I am planning to go to India in Oct for stamping. So I asked my employer to change my status to H1B, and they mentioned COS is not needed, I can directly go on STEM OPT and get my H1B visa stamped. It will automatically change the status to H1B.

FAQ Transcript

Your employer is correct.

Read more about Difference between H-1B consular processing and change of status

Recording of June 23, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

Employee is outside The US. How to continue a green card through consular processing?

2 years ago By Chief Editor

Question details

I have a valid I-140 from my old employer and have not ported it to my current employer. Currently, I am not staying in the US, and my dates have become current.
I have below clarifications:
Can we file for Consular processing GC from abroad through my previous employer if they are open to hiring me back. At the same time I don't want to impact my current job as the old employer does not have their presence outside the US. As per my knowledge, I cannot file GC through CP; however, if I move back to the US will I be able to file I-485 without joining my old employer?

FAQ Transcript

The answer is yes on both counts. The law does not require you to hold the green card job presently. Talk to your lawyers about it and make sure everything else is in order. However, if someone is outside the U.S. he or she can continue to process his or her green card.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

March 31, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, March 31, 2022:

FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa

Jan 20, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Covid - Coronavirus

Green Card

Discussion Topics, Jan 20, 2022 FAQs:
1. EB-1B for postdoctoral holder after a gap of several years in career 2. Date of birth and name corrections in birth certificate 3. COVID-19 delays in tourist/visitor extensions for B-2 holding parent and applying for their green card

Jan 6, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: Consular processing employment-based green card with a job offer from a different employer

Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped

2 years ago By Chief Editor

Question details

My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:

Is there a time limit for getting the approved H-1B visa stamped?, and
If for some reason he is unable to travel next year as well can he extend his stem opt to remain in status?

FAQ Transcript

1. No.

2. Yes, because remember he has deferred his H-1B change of status by requesting consular processing

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Guestbook Entry for Carine Ghoussoub, Canada

10 years ago By Anonymous (not verified)

Name

Carine Ghoussoub

Country

Canada

State

Ontario

Comment

Speaking to Rajiv was a breath of fresh of air! It was a pleasure talking to him and hearing his advice. It was good to finally to speak to a lawyer who is very professional, very knowledgeable and very caring about your personal situation. He helped us understand our options and clarified all the required processes. His wide experience provided us with great assurance, as behind his advice there is a wealth of knowledge and experience.