H-1B Visa Approved: What to Do Next and Status Updates

Congratulations! If your H-1B visa application has been approved and you have received the visa stamp in your passport, you no longer need to manually change your status with USCIS. The visa stamp allows you to enter the United States in H-1B status. However, there are some important steps and considerations to keep in mind.

Entry into the U.S.

When you arrive in the U.S., you should present your H-1B visa stamp along with the I-797 approval notice to the Customs and Border Protection (CBP) officer at the port of entry. This document serves as proof that you are authorized to enter the country in H-1B status. Make sure you have all necessary documents on hand, especially if you plan to travel frequently or if your job position changes.

Employment Start Date

Ensure that you start working for your H-1B employer on or after the approved start date listed on your I-797 form. Any employment prior to this date would be considered unauthorized employment in the U.S., which could lead to legal troubles. It's crucial to stay on schedule with your employer to avoid any discrepancies.

Maintaining Status

Once you enter the U.S. with your H-1B visa, your status will be active as long as you comply with the terms of your employment and maintain your H-1B status. This includes regular reporting to your employer, adhering to the terms of the petition, and complying with all relevant immigration laws. Any violation could potentially void your status.

Change of Status (COS) vs. Consular Processing (CP)

While your H-1B visa is processed, it is important to understand the difference between Change of Status (COS) and Consular Processing (CP). For most H-1B visa holders, COS is the easier and more straightforward process, but it is something to keep in mind if you plan to travel outside the U.S.

COS involves changing your status from one non-immigrant visa status to another while you are already in the U.S. For example, you might be currently working under the L visa program and your company wants to transition you to the H-1B visa. In this case, your petition must indicate whether your case should proceed with COS or CP.

Example Scenario

Imagine you have been working under an L visa program but your current employer is concerned about potential changes in L visa policies. They file an H-1B visa petition and indicate in the application that they would like to process it through COS. In this scenario, you would simply continue working in your current position and would not need to leave the U.S. to obtain the new visa. Once approved, your status would officially change from L to H-1B without needing to leave the country and present yourself at a U.S. consulate.

However, if your case was intended for CP, you would need to leave the U.S. before the job start date mentioned in the petition. During this time, you would have your previous L visa canceled and a new H-1B visa issued. Once you return to the U.S., you would present both your visa and the approval notice to clear entry at the port of entry.

It's crucial to understand whether your case is being processed under COS or CP, as this can affect your travel plans and overall process. Consulting an immigration attorney can provide personalized guidance and ensure that your expectations are accurate.

Note: If you plan to travel outside the U.S. after obtaining your H-1B visa, you must have an H-1B visa in your passport upon re-entry, as your previous visa will no longer be valid.

In conclusion, while you do not need to actively change your status with USCIS, there are several key steps and considerations to keep in mind. Proper documentation, timely application, and adherence to legal requirements are crucial to maintaining a smooth and successful H-1B visa experience.