Hi, USICS is going to stop the premium processing of H1 and in the current situation I might be planning to move company and it might take anywhere between Apirl to May. I might loose premium and have to go under regular processing.
In this case, if I go to india for visa stamping, will consellor consider receipt or should I have to wait in india until it is approved?
You will have to wait in India (or wherever else) and will only be able to apply for that "fresh, new stamp" until after when USCIS (selects) and ultimately approves the employer's H-1B petition on your behalf.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
If you have H1b and need to change companies or need a new cap number as of or after April 2, then the petition won't be eligible for premium processing and you'd need to wait until you have approval in hand before being able to go to a visa interview for a visa application. You may choose to wait in the US or wait outside the US, but extension of status can't be granted if you leave (petition approval can be granted with an extended validity but status won't be if you depart the US.)
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline