QUESTION
Why would there be consular processing on H1B?
Asked on Aug 08th, 2012 on Immigration - Texas
More details to this question:
My employer filed for H1B in April 2012 and it has been approved with consular processing. My OPT expires July 2013. I did not travel anywhere outside of USA during H1 process and was never out of status.
12 ANSWERS
You need to see what the employer or their attorney submitted by way of proving that you are in the US in lawful status.
Answered on Sep 11th, 2012 at 2:45 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Most likely the forms were filled out incorrectly and requested consular notification if there is not a status issue. If not and this is USCIS error, then contact the customer service number for a corrected approval notice.
Answered on Aug 15th, 2012 at 10:29 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Hello: The consular processing is needed most likely because whomever did your H-1B forgot to do the change of status.
Answered on Aug 15th, 2012 at 10:29 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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There should not be a consular processing - unless the papers were not done right. Ask your attorney how this happened and what can be done now to remedy this situation. If you did not have an attorney - well, now you know why you should have, and can retain one tomorrow.
Answered on Aug 15th, 2012 at 7:46 AM
You should really speak to the attorney who filed the case to inquire what the next steps are to complete the H-1B visa process. This may be an issue of the form being marked incorrectly and requires an amendment to the petition as filed to convert to change of status processing.
Answered on Aug 15th, 2012 at 7:24 AM
Rebecca T White
You may be able to speak with your employer/the attorney your employer used to file an amended petition requesting change of status rather than consular processing.
Answered on Aug 14th, 2012 at 11:39 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Because your employer or their lawyer did not request change of status from F1 to H1. At the time of application, your employer has the option of requesting change of status(no need to travel outside) or requesting consular processing. If you do not want to travel outside of the US, you will need to file a new H-1 change of status application.
Answered on Aug 14th, 2012 at 11:39 PM
Bruce A. Coane
I would not want to speculate but maybe the start date is after your status expires, or maybe you are mis-reading it, etc. There are many possibilities. I would need to see the actual paperwork.
Answered on Aug 14th, 2012 at 11:36 PM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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Because someone checked the wrong box and did not ask for an extension or change of status. Good luck.
Answered on Aug 14th, 2012 at 8:42 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are still in status, consular processing should not be required. Was the H-1B petition filled-out correctly.
Answered on Aug 14th, 2012 at 8:40 PM
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On the form I-129 which is used for the H-1B filing, there is a choice to request consulate processing or change of status. Perhaps your filing was made with a request for consular processing instead of a change of status.
Answered on Aug 14th, 2012 at 8:39 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It was probably so requested on the I-129. Check on the actual form and petition from your employer.
Answered on Aug 14th, 2012 at 8:38 PM