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Immigration Issues/F1 to H4 to H1 (requesting consular notification)

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Question
Hello Ajay,
Firstly, I want to know what "requesting consular notification" means.
Secondly, I am in India right now and my current visa is H4. My H1 was filed by the lawyer on 25th jan 2011 requesting consular notification. 26th Jan was the last day of sending new H1 applications to teh USCIS and the cap was reached on 27th jan. I am wondering if I have secured a seat in the FY2011 quota or is it in jeopardy.

Thanks in Advance!

Answer
Hi,

If the H1B petition was received by the USCIS on Jan. 25, it is within the visa cap. If it was received on Jan. 26, it may or may not be within the visa cap depending on result of random selection process: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a

Consular processing means that after H1B approval by the USCIS you must obtain H1B visa stamp at a U.S. Consulate (normally in your home country) and that your H1B status will be activated only when you enter the U.S. and show the visa stamp in your passport to the immigration inspector at port-of-entry, who will  then issue you Form I-94 with H1B stamp.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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