IUPUI

What to Expect While Your Petition is Pending

For an H-1B which includes a change of status
For an H-1B which is for an extension, amendment, or for new employment through H-1B portability
For an H1-B for someone currently not in a valid U.S. visa status

For an H-1B which includes a change of status

If your H-1B petition also is a change of status, you will not be able to work on the basis of your H-1B until you receive the approval notice. You should plan ahead. Processing by the Office of International Affairs (OIA) and the USCIS can take 3-6 months. It is possible to convert an H-1B petition from regular processing to premium processing at any time in the process. Therefore, if you do not have the approval 3 weeks before the requested start date, the department can submit a check to OIA for $1000 payable to DHS to convert your case to premium processing. This should ensure receipt of the approval notice so that you can work by the scheduled start date.

You cannot travel outside the U.S. while your H-1B is pending unless you elect processing through Consular Notification. This process requires that you wait for your H-1B approval in another country. Once you receive the H-1B approval notice, you will then need to go to the U.S. Embassy or Consulate and apply for the H-1B visa.

For an H-1B which is for an extension, amendment, or for new employment through H-1B portability

As a continuing IUPUI employee, you can work on the basis of your H-1B receipt notice. OIA will provide your department with a memo citing the regulation that allows you to work on the basis of a filed H-1B petition for 240 days while your case is pending. Employees new to IUPUI must delay employment until OIA confirms receipt of the petition by DHS. Confirmation of the delivery tracking slip is not sufficient.

Once we file the H-1B petition, and have a receipt notice, you are able to move to IUPUI and assume your employment. However, if your previous H-1B approval notice has a future end date, and your H-1B petition related to IUPUI has not yet been approved, you have some flexibility (to be negotiated with your department) in terms of your start date at IUPUI and your end date at your current employer. If at all possible you should delay your resignation from your current position until we have filed your IUPUI H-1B petition in order to maintain continuous H-1B status.

You can travel outside the U.S. while your H-1B petition is pending. However, you will need a valid visa to re-enter the U.S.. If you need to make application for a visa, you must have a valid approval notice; a receipt notice will not be sufficient.

For an H1-B for someone currently not in a valid U.S. visa status

If you are waiting abroad for your visa or do not have a valid visa status within the U.S., you will require a new H-1B processed through Consular Notification or at the Port of Entry (if Canadian). A new H-1B generally takes 4-6 months to be processed using regular processing; 1-1/2 to 2-1/2 months using premium processing. Once the approval notice is issued, OIA will send it to you by express mail so that you may apply for the H-1B visa. Application for the visa can take 2 weeks to 2 months during busy seasons so you and your department should plan accordingly.

Current waiting times for a visa