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BNY Mellon technology specific questions -
#0 How much max salary for grade K ?
#1 How long does it take to promote in bny from grade K to L ?
#2 Any specific criteria for promotion? Expr , certification etc...?
#3 How much % hike to expect post promotion ?
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Op - I am in the same situation and have spoken to multiple immigration lawyers. Your lawyer has given you all the info that you need. There two ways to request for a change of employer petition for h1b. Cos or consular processing, a cos petition can be filled if you are actively employed at the time of filling of the h1b petition for the new employer, uscis uses the submitted pay stubs to determine your continued employment. However, if you have been laid off or are not actively employed at the time of filing of the new petition then CP is the only option, as uscis will not ask for the proof of continued employment in CP filling. Ideally your lawyer will explain the same in a cover letter to uscis. The risk factor in CP is a bit higher than COS as in COS you do not need to go for a visa stamping immediately, however for CP you need to go for visa stamping immediately after approval do your petition, which puts under the risk of visa denial. However, the risk of visa denial is same for anyone going for visa stamping and has nothing to do with CP or COS. Hope that helps.
OP - for visa stamping, I would recommend you consider the Dropbox option, if you are eligible, check the Vfs website for eligibility. You do not have to appear for an interview if you meet the criteria for Dropbox. The reason I say that is because the current wait times for visa interview in India is huge. This might help you skip the wait and join the new company ASAP.
Same story...currently on route to India for visa stamping through Dropbox... Hope to get my passport back in 5-7days
Um, consular processing always means that you have to go outside of US & stamp the visa in your passport once you get extended. If they don't do consular processing, you don't have to go outside US.
No, you can even stamp it outside of your native country, that is if you stamped your H1B before. If this would be your first time getting the visa stamp, just go to your native country to get it, cz it can get tricky for the 1st time stampers.
CP has a higher chances of scrutiny or rejection as you will come face to face with your (destiny ) creator ....
@A1: I was told by our attorneys that CP is less risky in terms of scrutiny. This is for an L1 renewal. Still in process, so I just hope they're right!
OP - Yes , you are right . Your question or what your lawyer is recommending is an almost guarantee when you go down the CP route . I differ on that . I don't recollect ever visiting a consulate with out the standard documentation of Work Exp letter usually stating the company / title / compensation a brief project detail and the sponsor along with the pay stubs. If your lawyer is telling you that pay stubs are not required for CP - I can tell you you have the potential to be put under administrative processing ( meaning need more evidence). Get it clarified .... One last thing - and I don't mean to scare you - you said it has been 35 days on H1B with out a pay stub ( I am again assuming you are not going with a body shopper etc. ) technically you are out of status unless your lawyer has filed some paperwork to show continued intent with the new employer . Please don't risk being out of status because if you are caught you run the bigger risk of deportation and denial to enter the US for 8 years . It's simply not worth it . I may have given more information than asked but please check with your lawyer ( and hire one of the best , if you can )
Also, k understand your anxiety, but I would recommend not to look for opinion on this matter on a platform like FB, because most of the advice you will receive will be opinion and nothing more than that, just trust your lawyer and you will be fine.
Same risk - it's just faster and more convenient.
@D2 how did your visa stamping go?
@OP any update on your case?
I am still waiting for my visa petition to be approved was filled on sept 2nd hopefully will hear in the next couple of days.
It was very streamlined. I used drop box and got my passport stamped in 3 days...
Mine was a strange case... Petition got approved for 3 yrs but extension of stay got denied. So I had to return to India for immediate stamping
@OP - that's great news.
EY1: Thank you, that is a way better explanation than the attorney gave me! Any other downside with consular processing compared to the other route? (e.g. higher risk of rejection/issues with renewing the H1B or the green card application later on)
EY1: Gotcha. I don't mind traveling home, since that was the plan anyway, and it's not my first time so that's good too!
A1: Do you just mean when I go in to get the stamp after it's been approved by USCIS? I'm just nervous of it getting rejected by USCIS for whatever reason.
OP I understand that you have an approved petition from USCIS that allows you to continue work in a legal fashion while you are in the US but once you travel the visa issuance will come into play and is going to be given by the lowest level of scum bag earning $ 27.75 an hour i.e the Interviewing Officer at the consulate. In addition GOD help you if the interviewing officer is your fellow countrymen who works for the US Department of State . I was from India and once I had a 3 hour interview with the IO ( an expat Indian ) to convince that I am an IT Consultant ( I am a B.S in Chemical Engineering but built my skills were as an SAP Implementor ) coming to the US legit on a SCM Project . When I started facing these challenges , I used to send my family first for visa stamping who were on approved H-4 petition ( linked to my H1-B) and then I would go later with my H1-B .
@ D1 - you are right L1 is less painful than H1B . My comments are for H1B . I have spent 5 years on L1 and another 6 on H1B and experienced the entire spectrum of issues INCLUDING being out of Status ( my company legal department failed to file H4 for my wife and son and very quickly they became out of status but it was caught timely and they had to leave the country and re-admit after obtaining a visa 😬)
A1: Well even with a normal H1B extension, wouldn't I still have to get this stamp when I do eventually want to leave the country and visit home over the holidays and stuff? Is getting the stamp with CP harder than getting it for just an extension? The reason the attorney is considering CP instead of extension is because I was laid off and my last paycheck was over 30 days old (it's around 35 now). So he wants to avoid scrutiny of the paychecks which apparently happens when applying for an extension, but not for CP.
D1: Good luck! Hope it all works out well for you!