H1B Transfer and Visa Stamping

[Lakshmi P]

Hi,

I have entered USA as a dependent. After coming here I got my H1B approval notice from USCIS. My employer has filed I-129 COS in consular processing so that I can start working for him with out going to India for visa stamping. I-129 has been approved and now It's been a month that I have started working for him. Mean while I got a full time job and they have to initiate my H1B transfer. I have submitted all the documents required for the H1B transfer but after reviewing all the documents the lawyer has asked me for the I-129 filing as she want to make sure that the I-129 my previous employer has filed is for COS and not for extension of stay. She gave me two options
1. I have to show them my I-129 filing making sure that it has been filed for COS
2. OR I have to go to India for visa stamping with the new job offer.
I have three confusions here:

1.As my COS is applied under consular process, do I really need to travel to India for visa stamping in order to work for the new employer.

2.If I give my lawyers the I-129 filing, after they file it USCIS, how are the chances of transfer with out RFE and can I start working for the new employer after the transfer,with out going to India for stamping.

3. As the immigration is very strict now, if I go to India with the new job offer letter and the documentation from the employer how are the chances of Visa Stamping.

Please help me with your suggestions. Any help is greatly appreciated.

Thank You,
Lakshmi

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[lisaanderson]

Hi,

I have entered USA as a dependent. After coming here I got my H1B approval notice from USCIS. My employer has filed I-129 COS in consular processing so that I can start working for him with out going to India for visa stamping. I-129 has been approved and now It's been a month that I have started working for him. Mean while I got a full time job and they have to initiate my H1B transfer. I have submitted all the documents required for the H1B transfer but after reviewing all the documents the lawyer has asked me for the I-129 filing as she want to make sure that the I-129 my previous employer has filed is for COS and not for extension of stay. She gave me two options
1. I have to show them my I-129 filing making sure that it has been filed for COS
2. OR I have to go to India for visa stamping with the new job offer.
I have three confusions here:

1.As my COS is applied under consular process, do I really need to travel to India for visa stamping in order to work for the new employer.

2.If I give my lawyers the I-129 filing, after they file it USCIS, how are the chances of transfer with out RFE and can I start working for the new employer after the transfer,with out going to India for stamping.

3. As the immigration is very strict now, if I go to India with the new job offer letter and the documentation from the employer how are the chances of Visa Stamping.

Please help me with your suggestions. Any help is greatly appreciated.

Thank You,
Lakshmi

You seem to be confusing COS and consular processing. You can’t file a “COS under consular processing”, as that doesn’t make sense. Look at your H-1B approval notice. If a COS or change of status was filed and approved, you should have an H-1B that is called “Notice of Action, I-797A” which has an I-94 on the bottom (do a search on the internet for Notice of Action I-797A and look at the images). If the H-1B has only been approved for Consular Processing, is called “Notice of Action I-797B” and there is no I-94 on the bottom and there is only information about the consulate on the bottom (do a search on the internet for Notice of Action I-797B and look at the images).
If you only received the I797B and never received an I-797A, then a change of status was not filed or approved and you are not supposed to be working. Additionally, in order to activate the H-1B, you would need to leave the country, get the H-1B visa and return.

[DesiOPT-FaceBook-Fan]

If u have 797 with i94 it meas u r status is on h1 form start date ..

[DesiOPT-FaceBook-Fan]

I dont know u r intentions but i doubt u r attorney capabilities ..

[DesiOPT-FaceBook-Fan]

Hmm.. Its not that complicated... If you have your h1 doc ie i797 and has i94 you need not go for stamping... Just in case if he insists... Ask your employer to give i129.. If he don't then tell him you want to travel due to an emergency...

If you plan to go to india... Make sure you have full paper work... Good luck