What should I expect from the consular process of H1B? 2 Answers as of July 25, 2011

I got laid off on March 8th, 2011 till that time I was on H1B .So having the legal status I applied for COS H1 to H4 on March 28th. Mean time I was looking for the job and got the offer from big MNC as a full time opportunity. Due to the Company recruitment process they took 3 months time for giving the offer. Now they applied H1B with Consular process instead of COS from H4 (I have H4 filing receipt only) to H1.Here my concerns are what the H1B with Consular process is. And please let me know the difference and risk factors between CP and COS Why they applied Consular process instead of COS. What is the time frame to get approve H1B with consular process. What are the risk factors for rejection or Approval? How do I track filing status with CP.? Once H1B approved with Consular process what is the process to get H1B Visa stamp. Once it approved is there any time frame to get visa stamp. For H1 stamping do I need to go for my home country or neighboring countries? (Note: I already have the first H1B visa stamp from my home country with previous company) Are there any risk factors for visa stamping for H1Bs with consular process?

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Fong & Associates
Fong & Associates | William D. Fong
The company filed for your H-1B with consular notification as you are not eligible for a change of status, in that you are out of status until your H-4 is approved with a change of status. If so, under section 222(g), you will need to file for the H-1B visa at your home country.
Answer Applies to: Texas
Replied: 7/25/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
I understand that you already have an attorney. I do not want to second guess your attorney. My advice to you is simply talk to your attorney and ask your questions directly from someone that has direct knowledge about your case. When I joined LawQA, my motive was to offer help for those who cannot afford an attorney. Wish you luck in your immigration matter.
Answer Applies to: Nevada
Replied: 7/24/2011
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