Q: How long before I have to activate my H1 via consular processing? Can this H1 is transferred before it is active?
I am currently working on H4 EAD. My employer is filing my H1B this April with Consular Processing. If my H1B is picked in the lottery and is approved, how long do I have until I HAVE TO activate it (by going to a consulate out of the country for stamping)? Can I keep working on my H4 EAD as long as it lasts before I go to a consulate for H1B stamping?
Second part to the same question – Also, in future, if I have not activated my H1B via consular processing, and if I must change employers, can I do H1B transfer before activating it?
A: If you are in the United States, you can change your status; you don’t need to return home to get a visa. You say you are consular processing, however, which implies that you plan to return home. The I-129 approval notice should provide you with a window during which you must apply for the visa, if you do leave. If you do leave after you change your H1B status, you will need to apply for an H1B visa to return to the US.
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