What are the advantages and disadvantages of Consular Processing vs Adjustment of Status type H1B petition?

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What are the advantages and disadvantages of Consular Processing vs Adjustment of Status type H1B petition?

I plan do my Masters’ thesis defense this fall and graduate at the end od the sememster. I have a job offer and plan to start work on CPT I from late summer through to the end of the year and OPT from year’s end onwards. I am travelling to my home country for mosy of the summer. My employer wants to file a loose H1B petition (Consular Processing of H1-B) this spring (since he cannot file Adjustment of Status as I would be leaving the country). I am thinking if it’s a better option to wait and file for H1B next year?

Asked on January 31, 2013 under Immigration Law, Texas

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

Your case will depend on how you are applying for your green card. Are you getting married or processing an I-140? If you are processing your H1b at the Consulate this summer, I would assume you would be returning in the fall with the h1b. You can then file the adjustment after you arrive. I cannot fully track how you are concerned about the adjustment and consulate process without knowing more about the stage of your I-140. Can you clarify? [email protected]


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