I have a few questions on H1B petition that I want to ask your advice.
I have been laid off recently (was on H1B status) and found another employer
who is going to file an H1B for me. The attorney representing the employer is
going to file H1B petition using regular processing and advised me that I can
start working once a fedex receipt is received. I think premium processing
would be better for reasons below:
1) with regular processing, I will have limitation on travel abroad. I
understand if I have to travel abroad, I will not be able to get a H1B visa to
return as I do not have an actual approval notice. Is that correct?
2) the company attorney said there is no need to use premium processing because
the H1B petition will definitely be approved given the petition is filed within
60 days of my termination date with last employer (she mentioned H1B
portability allowed within 30-60 day windows). Also, that the chances that I
have to take consular processing is slight and that even if I have to go to
Canada for consular processing, there should be no problem for me to get a visa
to re-enter U.S. given I have no criminal record. However, I feel uncomfortable
with the regular processing because there is still too much uncertainty around.
What if 6 months after I start the job, I find that my H1B petition is denied
or I go to consular processing in Canada and then can not return to the US?
What is your advice on this, regular vs. premium processing. what are the
disadvantages of regular vs. premium processing?
3)I have also recently filed a I-539 to change to B2 during the layoff period
and it is pending. The company attorney now asked me to withdraw it and give
her a letter of such to file with H1B petition. Is this absolutely necessary. I
would prefer not to withdraw it just in case if H1B petition does not work out,
at least I can fall on a pending or hopefully by then an approved B2.
Thanks for your kind help.
I have been laid off recently (was on H1B status) and found another employer
who is going to file an H1B for me. The attorney representing the employer is
going to file H1B petition using regular processing and advised me that I can
start working once a fedex receipt is received. I think premium processing
would be better for reasons below:
1) with regular processing, I will have limitation on travel abroad. I
understand if I have to travel abroad, I will not be able to get a H1B visa to
return as I do not have an actual approval notice. Is that correct?
2) the company attorney said there is no need to use premium processing because
the H1B petition will definitely be approved given the petition is filed within
60 days of my termination date with last employer (she mentioned H1B
portability allowed within 30-60 day windows). Also, that the chances that I
have to take consular processing is slight and that even if I have to go to
Canada for consular processing, there should be no problem for me to get a visa
to re-enter U.S. given I have no criminal record. However, I feel uncomfortable
with the regular processing because there is still too much uncertainty around.
What if 6 months after I start the job, I find that my H1B petition is denied
or I go to consular processing in Canada and then can not return to the US?
What is your advice on this, regular vs. premium processing. what are the
disadvantages of regular vs. premium processing?
3)I have also recently filed a I-539 to change to B2 during the layoff period
and it is pending. The company attorney now asked me to withdraw it and give
her a letter of such to file with H1B petition. Is this absolutely necessary. I
would prefer not to withdraw it just in case if H1B petition does not work out,
at least I can fall on a pending or hopefully by then an approved B2.
Thanks for your kind help.
