I am looking at consular processing after I find my new employer willing to sponsor H1B visa. should I attend consulate interview though I have my H1 Visa stamped on my passport?
There is 90% chance that I find my new employer with in 2 months during which time I am out of status. What should I do after I find my new employer to start working ASAP?
In terms of time, how much time it takes (Generally) to go through all the required paper work after I find my employer to the day I can start working?
Legal advices are highly appreciated.
Why go to consular processing? Apply for H1B here since you already have stamp. Just get renewal after find new sponsor employer.
Hire a lawyer to protect your legal rights.
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No need to travel abroad for consular processing. All you need is for a new employer to file for a new H-1B petition on your behalf.
You can start working for the new employer as soon as USCIS issues the petition receipt notice, but might face problems later if USCIS asks for your latest pay stubs from original H-1B employer, etc.
The time it takes to prepare the new H-1B petition will depend on your employer and its attorneys and cannot be meaningfully answered here.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I must respectfully disagree with my colleagues.
I believe that you are out of status and thus can not file for a transfer of employers within the US.
Further, because you have, in a sense, violated the H that is in your passport, in my opinion, you need to go for a new visa stamp.
Talk to the immigration lawyer working for the new employer.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Mr. Capriotti and Mr. Behar both have good points. It sounds like you are out of status as of your termination date. This will getting back into status complicated if not impossible, and it is going to trend more toward the impossible end of the spectrum as time marches on. Talk to an attorney about the best course of action to avoid negative immigration ramifications in the future.
Good luck to you.