As we shared in Part 1 of our three part series on the H-1B visa, obtaining an H-1B visa is difficult with an 11% or lower approval rate. However, to even have a chance at an H-1B visa, you will need to have secured a position with an employer who will sponsor your application because H-1B visas cannot be self initiated.
Approval Types for the H-1B
After submitting your application for the H-1B visa, USCIS uses the I-797 form to announce results and decision for a petition submitted for processing. There are three types of I-797 forms and this blog will focus on the I-797A. For the H-1B visa, you can be approved in two ways. If you are already in the U.S., you would be approved for Change of Status (COS), and the visa goes into effect on the valid date. For those who are not in the U.S. (or in the U.S. but may benefit from a flexible activation date), they would be granted a Notify the Office (NTO) status, and the petitioner must go activate their H-1B through a consulate outside the U.S. An I-797A is an original approval notice with the I-94 attached only issued to those who are COS approved and in the U.S. (Form I-94 is the DHS Arrival/Departure Record issued to aliens who are admitted to the U.S., who are adjusting status while in the U.S. or extending their stay). If a foreign national has an expiring OPT prior to the start date of their H-1B visa, they will be given a CAP-GAP extension until October 1, the start of their H-1B status.
H-1B Visa Length and Extensions
The H-1B visa is granted for six years. This time period can be “amended” and time can be given back if you travel outside of the U.S. on the H-1B, leave the U.S. for a year and win the lottery again (allowing you another six years of stay), or if you are in the green card application process and there are complicating factors (such as backlogs at USCIS).
Changing Employers
While on your six year H-1B, you may decide to (or need to) change employers for various reasons. Thankfully, this does not mean you have to re-enter the lottery and start the process again from scratch! With your H-1B, you can search for a new job at any time but you must find a new employer who will file the H-1B Change of Employer form for you. Thus, you must find a company that has a history of sponsoring nonimmigrant workers and offer sponsorship, and your most efficient search can be done with the F1hire extension which will filter the sponsor-friendly companies for you. So long as they fill out and submit the form, you can start working for them without waiting for approval. If you must involuntarily leave your position or quit without a new job lined up, you will have a 60 day grace period to find another position at an H-1B friendly company.
To learn more about about alternatives the the H-1B visa, see our Part 3 blog post!
TLDR:
When applying for the H-1B visa, you’re hoping for an approval that is a COS (Change of Status). The H-1B visa is granted for six years, with some options to ‘extend’ in specific circumstances if you leave the U.S. If your goal is to stay in the U.S. after your OPT expires, use the F1hire extension which will filter the sponsor-friendly companies for you, while also tracking all the jobs you have reviewed and applied for, along with offering you ideas about how to make your resume stronger by identifying the key words you are missing!
