Is H1b transfer with consular processing recommended while amendment is pending?

Hello @Anil.Gupta,

I’m working for employer A with a H1b.

Recently, I got an offer from employer B and they are willing to do H1b transfer as well. But due to a location change with employer A, they filled an H1b amendment back in July 23,2019 with Nebraska center.

The amendment is still in pending status. So, employer B wants to apply for my H1b visa with consular processing in premium processing.

After it gets approved, employer B wants me to go to either Canada or Mexico to get my I94 updated as I’ll still have a valid visa and I94.

From your page, I saw that Nebraska center is currently processing H1b amendment cases filed on July 8,2019.

My question is, whether to request employer B to wait for a few more days to get an answer on the amendment before proceeding with H1b transfer application or do what they suggest (H1b transfer with consular processing)?

Please respond. Thank you

Hi @Achand

I do not see any reason to not file H1B transfer with extension of status instead of consular processing if your i94 is still valid.

You can simply file transfer in premium, get approval and join new employer with no issues as long as you file transfer with valid i94.

No need to go out of US.

Anil,
Employer B’s attorney is saying that in past 6-8 months, almost 80% people who try to do H1b transfer with a pending amendment are getting RFE. That’s why he wants to do the transfer with consular processing with an extension. Is that really the case?
I still feel that I should request employer B till the end of the month to have an answer on my amendment. What are your thoughts?

Its your choice. There is no harm in filing transfer either way.

Thank you, Anil. Just one final question. Would there be any risk involved if I go with consular process? I mean, would I be able to get back into US without any trouble at the border?

There is always a risk in going for stamping. You can get form 221g and may have to wait for approval. There are also risks of entry denial at port of entry.

Nobody can really say if you will encounter any issue or not as it is based on your individual case.

If you have all the paperwork, you should be fine to go though.

Thank you, Anil! Will keep you updated.

Hello Anil,
I was checking your H1b processing time tracker. From what I understand, the ‘slowest case approval’ is the maximum time a center takes to approve a case. Am I getting this right?
For example, my H1b amendment receipt date is 07/23/19 (Nebraska Center) . Does that mean I can expect an answer from them in about 2 or 3 days?

Hi @Achand

Your understanding is right. But, there is no guarantee that all cases are approved within the slowest case timeline. Some cases do take more time and USCIS never publishes their data.

Anil,
Thank you for your response. You’re awesome :+1:t4:

Hello Amit,
Unfortunately, my h1b amendment hasn’t been approved yet. So, I’m gonna go with the option my new employer gave me i.e. applying for h1b transfer with consular processing. I was browsing about crossing the border to get my i94 updated. I found the below website which provides some info on this at San Diego - Tijuana border.


Do you think I can do this in my case (valid visa and i94)? Can I cross the border at San Diego and get into Mexico by land and get my I94 updated when coming back to US?
Thanks you!

Why do you want to get i94 updated? I don’t understand it.

What is your current i94 expiry?
What is your current i797 validity?

My current i94 and visa expiry date is dec 2021. I forgot to mention the fact that my new employer is filing for a transfer with h1b extension. So, when the transfer is approved, my i94 will be extended.

You don’t need to do anything to get new i94 if your current i94 is valid.

Your new employer can simply file H1B transfer with extension of status and all will be good once it is approved.

But my new employer wants to apply for h1b transfer with consular processing as he doesn’t want to take any risk of getting rfe by applying for COS. So, if they apply for H1B transfer with extension(through consular processing) , I might need to get my I94 updated. Right?

Hi @Achand

If consular processing means that you go out of US and get a new H1B Visa stamp.
If your employer wants you to do that, you can go ahead and do it.

It’s your choice.