H1b transfer or consular notification

[traptisen]

I am on H1B in USA.My consultant is not paying me right now and so I dont have pay stubs.
I have got offers from two companies now, for permanant job.I have signed there offer letter and employement agreements.
1st company wants to clean the slate and apply for new H1B (consular notification)for me and asks me to re-enter US.
2nd company feels that I get through H1B transfer easily if applied soon.I want to avoid any risky situation.
Can you suggest me which is a better option?
Can I go for both the options simultaneously , so that I have a good job at the end of it.

 

[ImmigAttyLana]

Most likely the petition will only be approved as consular notification and not transfer. However, which company you go with really depends on which one ultimately offers you a better job since even if you go with company 2 and they file it as a transfer, if the USCIS wants to approve it as consular notification, you will still have to depart the US and reenter in order to work for them. Therefore, choose the job you want to have; most likely you'll have to depart and reenter regardless of which company you join.

 

[traptisen]

thanks for your response Lana. What is consular notification, cna u explain in detail? are there any risks involved if I go for consular notification. is rentering US a safe option, are there any chances when it cant go thru.

 

[ImmigAttyLana]

Consular notification is where the US Embassy abroad is notified of the approval and you have to appear there for an interview at which time your application for the visa is reviewed. If all is well, you will get a visa issued and reenter the US with that visa. There are no issues generally although I cannot speak about the specifics of your case since I don't know any details about it.

 

[traptisen]

Thanks Lana.
Do I need to go for interview at consulate even if I have valid H1b visa stamped?
Or I have to just leave and re-enter USA.
-Trapti78

 

[ImmigAttyLana]

If you have a valid H-1B visa then you would just depart and reenter.

 

[traptisen]

Thanks again Lana.
That means my new employer files a new H1B using consular notification and I will have to reenter US on previous visa(I dont need to visit consulate). how much time does it take on premium processing? Does this have any future impact also? Is this the only route to change employer without pay stubs?Kindly guide me on this.

 

[ImmigAttyLana]

Premium processing is 15 calendar days for a decision. Keep in mind that a decision could be a request for evidence. No impact on future petitions.

 

[traptisen]

Thanking you Lana.
Also, for what reasons can RFE be raised, will it be for pay stubs?
Does it affect my existing H1B petition and visa?
Trapti78

 

[ImmigAttyLana]

RFE can be issued for any number of reasons and it's impossible to predict whether it will be issued and if it is for what documentation.

 

[agarw]

Most likely the petition will only be approved as consular notification and not transfer. However, which company you go with really depends on which one ultimately offers you a better job since even if you go with company 2 and they file it as a transfer, if the USCIS wants to approve it as consular notification, you will still have to depart the US and reenter in order to work for them. Therefore, choose the job you want to have; most likely you'll have to depart and reenter regardless of which company you join.

HI Lana,

How much time does a consular notification take?
Can I use existing visa to enter USA or do I need a fresh stamping to enter the country?

Thanks,
Amit

 

[johnpeter22]

I am facing same situation. I do not have pay stubs so doing h1b consulate processing.

My employer told me that H1B consulate notification can not be done in premium processing as it is not transfer.

How long I have to wait to get result?