H-1B Petition Types

There are both initial H-1B petitions, as well as extension of H-1B petitions, that are important to understand.

Initial H-1B petitions

Initial H-1B petition requests fall into one of following three categories:

1. Change of Status

If an initial H-1B request is for a new hire who is already in the US but in a different status, such as J-1 Scholar or F-1 Student, a change of status is necessary. ISO is premium processing change of status requests due to the lengthy back log of normal processing at USCIS. An H-1B approval notice (Form I-797) from USCIS must be received by ISO before the new hire begins working as a University employee.

2. Consulate Notification

If you’re outside the US, you may need to obtain an H-1B visa stamp in your passport from a US Consulate or Embassy in their country of citizenship. Canadian citizens don’t need a visa stamp to enter the US.

Note to departments: ISO is premium processing consulate notification requests due to the lengthy back log of normal processing at USCIS. We’ll notify the hiring department when an H-1B approval notice (Form I-797) arrives and arrange for it to be picked up by the department. It’s the department’s responsibility to ship the notice, along with a copy of the H-1B petition, to the new employee. The employee needs to bring these documents and others to their consular visa appointment. Learn more about the processing timeline.

3. Portability

If you’re already in the U.S. and working in the H-1B classification for a different employer, USCIS allows your new employer to “port” the current H-1B. Once the University has filed a portability petition with USCIS and received a USCIS receipt (Form I-797) for the H-1B petition, immigration regulations allow the new employee to begin working for the University of Rochester while the H-1B petition is pending with USCIS.

Extension of H-1B petitions

By mutual agreement between the department and the employee, an initial H-1B can be extended for up to three years. While an H-1B extension is pending with USCIS, you’re allowed to continue to work for up to 240 days after the expiration of the prior H-1B validity period.