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.

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

Change of status processing

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

Also, if you want your petition to be adjudicated as a change of status, you will need to 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 will need to get a visa stamp before you re-enter the US.

Consular processing

Unlike 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.

Regardless of 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 your visa petition has been approved by the US Citizenship and Immigration Services (USCIS).

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.

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

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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. Connect with the team today to get your free consultation.