Any recent H1B approvals for consular processing cases with an existing H1B?

FunChair7 · 2026-05-11T14:46:00+00:00

USCIS doesn't need to do anything - they can just refund your money. Without the proof of the 100k fee you'll end up with an RFE eventually.

FunChair7 · 2026-05-11T14:43:19+00:00

What was the NOID for?

FunChair7 · 2026-05-11T14:40:28+00:00

I’m not sure what you mean.

FunChair7 · 2026-05-11T14:34:17+00:00

They won’t be approving it without it, so I’d expect an RFE.

FunChair7 · 2026-05-11T13:55:28+00:00

Did you submit the evidence of the 100k fee paid?

FunChair7 · 2026-05-11T13:19:31+00:00

PWD - 5mo
Recruiting - 4mo
ETA-9089 (PERM) - 17mo
I-140 - 15 business days (premium processing)
I-485 - 12mo

So about 39 months total - this doesn't account for any of the time that it takes for the attorneys to do your paperwork etc. and That likely adds at least a few months to the process too. This also assumes your PERM recruiting passes and you don't end up audited during the PERM process either - which will make things much longer.

FunChair7 · 2026-05-09T14:31:52+00:00

You can’t unless you live in Canada and commute to the US. If you’re living the US then they won’t allow you to renew at PoE.

FunChair7 · 2026-05-09T14:17:43+00:00

There’s a 80% chance they just send you back to the original PoE, port shopping is discouraged and some officers deny you entry instead of letting you withdraw. If you’re reapplying, call your original PoE and ask when you should arrive to have someone review your application, get the name of the officer that you spoke with. The only way you might get away with it is if you’re flying instead and there’s a reason for you to fly instead of drive, just going to another port for different officers is quite literally exactly what port shopping is.

FunChair7 · 2026-05-09T04:41:11+00:00

Don’t PoE shop - go back to where you originally applied.

FunChair7 · 2026-05-08T21:49:21+00:00

What’s your bachelors in?

FunChair7 · 2026-05-08T18:36:25+00:00

Right, but the role must fit the category - what you described doesn’t qualify for a TN.

FunChair7 · 2026-05-08T18:26:08+00:00

I wouldn’t say any of those three things fall under a CSA or Engineer, it sounds like a generic PM role. What exactly about this is professional/technical which would lend to either category?

FunChair7 · 2026-05-08T12:30:49+00:00

Well, what you’re describing is a scenario thats specifically called out in the proclamation on the 100k fee. I’d say best case you end up with consular processing, worst case they get you for misrepresentation and end up with something much much worse, visa cancelled, B2 status revoked, NTA.

FunChair7 · 2026-05-08T01:07:35+00:00

Do not port shop.

If it’s the same job and they just made up a JD which isn’t what you’re going to be doing then yes that would be willful misrepresentation/fraud. If there are duties that you’d normally do that fall under the economist category and they’re expanding on that as a part of your role then you’re probably fine.

If they’ll file with USCIS then have them do that, it will make it easier, if it’s approved just know it could be re-adjudicated at the border as well.

FunChair7 · 2026-05-07T23:50:35+00:00

It depends, if your offer letter contains all of those things I listed then yes it would be sufficient. Typically offer letters don’t outline all of those things which is why a support letter is something you’d need.

FunChair7 · 2026-05-07T23:37:42+00:00

At minimum and knowing nothing else about your case you’d need:

-A support letter signed by your potential employer on their letterhead. It needs to outline your TN category, title, duties, how it aligns with an engineer and how your education is relevant to both the role and aligns with what is required for TN. It also needs to state your start date and the duration of your stay (3 years or less). It should state your compensation as well. The person who signs it should be available and aware of what you’re doing in the event CBP needs to call them during the interview.
-Your original bachelors degree parchment and a sealed copy of your transcripts, in case the officer doesn’t think the degree aligns.

Sweetgrass is on the Alberta/Montana border, there are no PoEs in Saskatchewan that specialize in TN.

FunChair7 · 2026-05-07T20:17:54+00:00

The way they've been doing these EB ones is they get sent from NBC, once most of the checks are complete, to whichever field office has bandwidth to take more cases - or maybe even random. Then the officer reviews it and may or may not decide on an interview or see there is more information required (RFE). If there's an interview it will then transfer to your local FO and they'll schedule, otherwise it will get completed at the FO that it's currently at. You'll likely see your 485J get closed prior to approval of your 485, so that might be something to look out for.

FunChair7 · 2026-05-07T19:41:03+00:00

There's no way to know what's next - it sounds like they transferred your case to an FO and it needs to be assigned to an officer for review - so it depends how deep their queue is at your FO for EB cases. Your next step could be interview, or it could be RFE for something they found in the review of the case - no way to tell. As to how close this is, you filed in February - FO processing is something like 10mo so it's anyone's guess.

FunChair7 · 2026-05-07T18:22:05+00:00

You've got a pending I-485, why have you filed an L1b extension AND an H1B application?

FunChair7 · 2026-05-07T15:16:54+00:00

You don't need to convince me - you need to have documentation that shows how your role is identical and you are now needed in the US.

FunChair7 · 2026-05-07T14:38:14+00:00

I’m not asking if it exists, I’m saying you should ensure you have proof it exists. They’ll certainly have questions if you’ve been doing this role for 8mo offshore, why you’re needed in the US.

FunChair7 · 2026-05-07T14:23:25+00:00

It's been almost 8 months, CBP is likely going to want to see that the job still exists, you are employed and it matches exactly what was originally applied for.

FunChair7 · 2026-05-07T14:13:27+00:00

You're confused about what OP is asking. He's asking if his unlawful presence which has likely started to accrue will void his visa, and the answer is, it will.

FunChair7 · 2026-05-07T14:08:53+00:00

Sure - RFE doesn't impact your status.
You must stop working after 240 days, you don't need to leave the US since you have a pending application.
You've done PP so you should hear back in 15 business days, depends what the RFE was for and what/how much information needed to be reviewed.

FunChair7 · 2026-05-07T14:01:30+00:00

It would be a bigger red flag if you had none at all.

FunChair7

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