Counselor processing for H1B petition approval

[senmng]

Hi - Did anyone come across with consular processing to get the H1B peition? Do we face any challenge while going for stamping outside of USA especially in India and port of entry in USA as well?

[rkk09]

Hi,
You will not have a much complication on consular processing Stamping Interview.. Please have all necessary documents and provide genuine Answer...
If you plan for Aug month, You may start filing DS 160 next month..
Thanks

[senmng]

Hi rkk09 -Thank you,My H1B visa got expired on Oct 2020(Max out) and we stayed here in USA by applying B2 visa(it's in pending status now) to maintain the status. But when we applied for the change of status in premium (after PERM and i140 approval) I got the RFE saying that the B2 visa should be in approved status to approve my COS request.
Anyways my employer managed to reply back by mentioning about the long waiting time for B2 visa but we feel that it may end up with consular processing.

Any luck in getting the approval with I94 ?Also , I have the validity till Sep 2020 in my passport ,am i eligible to go for a drop box if i get the petition approval on consular processing?

[rkk09]

Hi,
There is high possibilities of getting COS Approved with consular processing. If that is the case, then you may invite for interview.. Anyhow, you applied with premium.. You will come to know the status in another few days.. But, you need to ready for alternative plan in case if you get any negative result..
Thanks

[senmng]

rkk09 .Thanks for the clarification. When you say "negative result" which means you are referring consular processing? if not ,any chance for denying my request? Since I'm eligble for dropbox ,will they send form221G to come for personal interview to consulate?

[rkk09]

Hi,
When you request change of status, you will need to be a status. Since your B visa is in pending, It may be approved with consular Processing.. Here i mentioned negative result as denial or second RFE too.. Regarding Drop box, If your petition got approved with consular processing, there is high possibilities for direct interview..
Thanks.

[senmng]

rkk09 .Thanks for your response.Really apologize for multiple questions here.
So no chance to get approval with i-94? Is their any chance/request them to approve with I-94 for shorter time period?
My employer sent out the reply stating about the current processing time of B2 visa(8 months to 1 year) which is not possible to get the approval at this time.Also, where is the point of sending second RFE or additional document they may need though the B2 visa is in same pending status.
If they approve luckily with I-94 or consular processing,still the online status should reflect with "Approved status" for both cases?
Also some folks under our employer luckily got approval for COS with the B2 pending status.

[rkk09]

Hi,
As you mentioned, some folks got approval for COS with the B2 pending status, I pray, you will also get same luck..
Question: Is their any chance/request them to approve with I-94 for shorter time period?
Answer: Per my knowledge, It is not really possible as your petition under process stage.. After response to RFE, you can not send any additional documents or request separately..
Question: If they approve luckily with I-94 or consular processing,still the online status should reflect with "Approved status" for both cases?
Answer: Once your case got Approved, Online status will be changed as "Case was Approved". And yes, If case got approved either COS or consular processing, Online status will be as "Case was Approved".
Hope this helps.
Thanks

[senmng]

Thanks for your response.It helps.Final question - What would be evidence they may ask if 2nd RFE comes? When i googled it ,somes they have approved on 1st RFE based on justifcation provided on longer processing time for B2 and travel restrictions to India. Will they really work?

[rkk09]

Hi,
It depends case by case.. I would say, Lets wait for some more days as we are towards your petition final Adjudication.
Thanks

[senmng]

Yes today i got 2nd RFE.Probably i'll get to know the details by tomorrow.

[rkk09]

Hi,
Sure.. Take care..
Thanks.

[senmng]

Today we have recieved the response and USCIS asking the same B2 visa approval to proceed with COS. In first RFE response ,the attorney replied back with justifications on long processing times on B2 and Covid travel restrictions and also mentioned that if they not convincing ,we are ready to go for a consular processing.But without going for consular processing they are again asking B2 visa approval.