H-1B FAQs: Change of Status vs Consular Processing

There are two ways to file an H-1B visa application: Change of status and consular.

Although a change of status H-1B application and a consular H-1B application are nearly identical, the process of beginning work on your H-1B is different. The best option for you will depend on your current location, immigration status (if you are in the US), and your travel plans.

What is the H-1B visa?

The H-1B is a US work visa that enables foreign talent to work at US companies.

Candidates typically qualify for an H-1B with a Bachelor’s degree and a US job offer in a field related to their degree.

See also: H-1B Visa: Complete Guide from Immigration Experts

Change of status vs consular

If you are currently located in your home country or you’re traveling internationally outside the US, consular processing is your only option.

If you are applying for your visa while already located in the US, you can choose between a change of status and consular processing.

Change of status processing

You (the beneficiary) can only file a Change of Status application when you are located inside the US.

Also, if you want your petition to be adjudicated as a change of status, you must remain in the country until your case is approved and your H-1B start date has passed.

After approval of your change of status petition, your immigration status will automatically switch to H-1B (on your H-1B start date). After this happens, you can legally work in your new status without needing a physical visa stamp in your passport.

However, the next time you travel internationally, you must get a visa stamp before re-entering the US.

See also: Can I Travel While My H-1B is Pending?

Consular processing

Unlike a change of status, you can file an H-1B with consular processing both inside and outside the US. Upon approval of a consular H-1B petition, you will need a visa stamp in your passport to begin working on the new status.

Whether you’re in the US when your visa is approved or traveling outside the country, you will need to go to a US consulate or embassy abroad for a visa stamping appointment (also known as a visa interview).

Note: You can only book a visa stamping appointment after the US Citizenship and Immigration Services (USCIS) has approved your visa petition.

A request for additional evidence (RFE) from USCIS could slow down the petition approval process. If you receive an RFE, you might be stuck outside the US for longer than expected.

See also: H-1B Lottery Success: Key Strategies for Employers to Secure Top Talent

Get support on your next H-1B with Deel Immigration

Looking for immigration support for yourself or your company?

Partnering with Deel Immigration can speed up the visa process. We’ll support you from the initial consultation until you receive the new visa and beyond.

With a 98% application approval rate, Deel is the top US immigration provider. Contact the team today to schedule your free consultation.