H1B visa filling

#1
So my lawyer has given me two options for the filling of H1b Status one is through Change of status and another one is Initial petition. I searched about it and found that with Initial petition I don't have any travel restrictions additionally I will be paying fewer taxes as my H1B won't be activated. I am not sure about which one to select. Can you please let me know which one is more beneficial and more secure.

Another question is that I will be traveling to India and will be coming back to the US on March 30 so my lawyer will be sending my application on April 1st, not March 29th. Can you please let me know if that would raise any questions or concerns.
 

whitemimauz3

Registered Users (C)
#2
For new H-1B filing you are going to pick new employment and under notice of action either change of status if in US or notify office in case of consular processing. For this new upcoming H-1B filing for fiscal year 2020 the earliest H-1B start date is 10/01/2019 that is when an individual's statuses gets changed if in US on another status or could enter at this date on H-1B status after getting H-1B stamped.
If you are going to be back in US on or before mailing out H-1B packet i.e 04/01 you should do change of status
 
#3
For new H-1B filing you are going to pick new employment and under notice of action either change of status if in US or notify office in case of consular processing. For this new upcoming H-1B filing for fiscal year 2020 the earliest H-1B start date is 10/01/2019 that is when an individual's statuses gets changed if in US on another status or could enter at this date on H-1B status after getting H-1B stamped.
If you are going to be back in US on or before mailing out H-1B packet i.e 04/01 you should do change of status
What is the difference between a change of status and Initial petition?
Is not initial petition more beneficial?
 
#5
If you are coming from some other status to H-1B for the first time you pick new employment & under requested action would pick change or status or consular processing.
I don't have any question about which one to pick my only concern is which one is more beneficial and does consular processing can be rejected later on when we go for stamping.
 

whitemimauz3

Registered Users (C)
#6
Both of them are same. The situations where you pick consular processing is like for some reason you are going outside country & want to re-enter with H-1B visa then you opt for consular processing OR if you violated previously accorded status then you opt for consular processing. When you opt for consular processing its like you put behind previous violations and starting fresh & nothing can be taken against you when you enter on H-1B visa. In certain circumstances consular processing can be rejected Yes.
 
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