WHAT IS THE DIFFERENCE BETWEEN H-1B STATUS AND H-1B VISA?
A change of status is obtained if the beneficiary is in the U.S., while a visa has to be obtained from outside the U.S. For example, an individual in F-1 (student) status can change status to H-1B upon approval of the H-1B petition filed by his or her employer. The individual may commence employment immediately (as per the terms of the approval notice) without having to leave the U.S. and being issued an H-1B visa at a U.S. Consulate abroad. If the H-1B beneficiary needs to travel abroad at some point, it is necessary to obtain an H-1B stamp (visa) in the passport from a consulate abroad in order the re-enter the U.S. in H-1B status. Conversely, an individual outside the U.S. can have an H-1B petition filed with the USCIS on his or her behalf by the employer and take the approval notice to the nearest U.S. Consulate to be issued an H-1B visa.
Related Questions
- If I entered the U.S. on H-1B visa status and switched to another classification, am I subject to the annual H-1B cap if I apply to switch back to H-1B status?
- I am nearing my sixth year in H-1B visa status but my permanent residency application is not finished. Can I extend my stay in H-1B beyond the six years?
- How does leaving the U.S. affect my 6 years of H-1B visa status?
