The next steps after H-1B approval depend on where you are right now. If you’re outside the United States, you still need a visa stamp before you can travel and enter. If you’re already here on another status, your change of status is effective on the start date printed on your approval notice, and you can begin work that day. Either way, the approval notice, Form I-797, is the document that drives everything that follows, so start there.
Read Your Approval Notice Carefully
USCIS issues Form I-797, a Notice of Action, when it approves your petition.1U.S. Citizenship and Immigration Services. Form I-797 Types and Functions Two versions matter here, and which one you received tells you which path you’re on.
- Form I-797A comes with an attached I-94 and means your status was changed to H-1B while you were inside the U.S. You can start working on the listed start date.
- Form I-797B has no I-94 attached and means you need consular processing abroad before you can enter in H-1B status.1U.S. Citizenship and Immigration Services. Form I-797 Types and Functions
Keep this notice somewhere safe. You’ll need it at the visa interview, at the port of entry, at the Social Security office, and any time you change employers or file for an extension.
If You’re Abroad: Get the Visa Stamp
An approved petition is not a visa. To travel to the U.S. in H-1B status, you need an H-1B stamp in your passport, and that only happens at a U.S. embassy or consulate.
File the DS-160 and Pay Fees
Start with the DS-160, the online nonimmigrant visa application.2U.S. Department of State. Online Nonimmigrant Visa Application (DS-160) Set aside about 90 minutes. The Machine Readable Visa fee for H-category petition-based visas is $205.3U.S. Department of State. Fees for Visa Services Some nationalities owe an additional reciprocity fee; check the State Department’s reciprocity schedule for your country of citizenship before the appointment.
Schedule and Attend the Interview
Appointment wait times vary widely by post, so book as soon as you can. Bring your passport, the I-797B approval notice, the DS-160 confirmation page, the certified Labor Condition Application, and your employer’s offer letter. The consular officer’s job is to confirm that the position and your credentials match what USCIS approved. If the interview goes well, your passport comes back with the H-1B stamp inside.
Enter the United States
The stamp lets you board the plane. Admission is a separate decision made by a Customs and Border Protection officer at the port of entry, who will want to see the passport, the visa, and the I-797. CBP creates an electronic I-94 rather than issuing a paper card, and you should retrieve and print yours from the CBP website or the CBP Link app within a day or two of arrival.4U.S. Customs and Border Protection. Arrival/Departure Forms: I-94 and I-94W Check that the class of admission reads H-1B and that the dates are right. Errors here cause problems later with employers and government agencies, and they’re easier to fix soon after entry than months down the road.
If your H-1B was cap-subject with an October 1 start, federal regulations allow entry up to 10 days early. You can’t work during that window, but you can arrive, find housing, and get settled.
If You’re Already in the U.S.: Start Date and a Travel Warning
With an I-797A change of status, your H-1B is effective on the start date printed on the notice, and you may begin work for the petitioning employer that day. For cap-subject petitions, that date is typically October 1 of the fiscal year.5U.S. Citizenship and Immigration Services. H-1B Cap Season Working before then violates your status.
Here’s the part that catches people off guard. Once you leave the country after a change of status, the I-797A alone will not get you back in. You’ll need an H-1B visa stamp in your passport, and you can only obtain that at a consulate abroad. Many H-1B holders postpone international travel until they can combine a home visit with a visa appointment, because a missed or delayed appointment can strand you outside the U.S.
Apply for a Social Security Number
If you don’t already have one, you’ll need a Social Security Number for payroll, taxes, and most financial accounts. You can begin the application online at SSA.gov, then complete it at a local Social Security office with original documents.6Social Security Administration. Request Social Security Number for the First Time Bring at least two original documents; your unexpired foreign passport together with your printed I-94 typically satisfies the requirement.7Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card Photocopies and notarized copies aren’t accepted.
SSA verifies your status through the SAVE system. Most verifications return instantly, but a manual review takes roughly 20 federal workdays.8U.S. Citizenship and Immigration Services. SAVE Verification Response Time The card itself arrives by mail in 5 to 10 business days. In the meantime, your employer can complete Form I-9 using your passport and I-94.
Bringing Your Spouse and Children on H-4
Your spouse and unmarried children under 21 can live in the U.S. with you on H-4 dependent status, valid only for as long as your H-1B is valid. Family members abroad apply for H-4 visas at a consulate. Family members already in the U.S. on another nonimmigrant status file Form I-539 to change to H-4, and USCIS recommends filing at least 45 days before the current status expires. The I-539 must be filed before the I-94 expiration date on the current status.9U.S. Citizenship and Immigration Services. I-539, Application to Extend/Change Nonimmigrant Status
H-4 dependents generally can’t work, but there’s an exception. If you have an approved Form I-140 immigrant petition, or if you’ve been granted an H-1B extension beyond six years under AC21, your H-4 spouse can file Form I-765 for an Employment Authorization Document.10U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses The EAD expires with the H-4 I-94, so track renewals carefully.
Rules That Keep Your Status Valid
You can only work for the employer named on the approved petition, in the role described in that petition and the Labor Condition Application. Freelance work, side projects, or unpaid help for someone else’s business are not allowed without a separate approved H-1B for that employer. If your job duties, location, or terms change beyond what the petition covered, your employer must file an amended petition.11U.S. Citizenship and Immigration Services. USCIS Draft Guidance on When to File an Amended H-1B Petition After the Simeio Solutions Decision Moving to a worksite in a different metropolitan area is one of the most common triggers.
If you move, report your new address to USCIS within 10 days.12U.S. Citizenship and Immigration Services. Alien’s Change of Address Card The fastest method is through a USCIS online account.13U.S. Citizenship and Immigration Services. How to Change Your Address Missing agency mail because of a stale address can derail a pending application.
Changing Employers
You’re not tied to one employer. Under H-1B portability, you can start working for a new employer as soon as that employer files a nonfrivolous H-1B petition for you, without waiting for USCIS to approve it.14Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants Three conditions apply: you were lawfully admitted, the new petition was filed before your current authorized stay expired, and you haven’t worked without authorization since your last lawful admission. The new employer must also have a certified LCA covering the position.15U.S. Department of Labor. Fact Sheet 62W: What is “Portability” and to Whom Does It Apply? Your authorization at the new employer runs until USCIS decides the case; a denial ends it.
Extensions and the Six-Year Limit
H-1B status has a maximum of six years.14Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants Because most initial petitions are approved for three years, expect at least one extension. File before the current status expires; processing times fluctuate, and a gap in authorization means you cannot work.
If your employer files the extension before expiration but USCIS hasn’t decided yet, you can keep working for that same employer for up to 240 days past the expiration date while the petition is pending.
Going Past Six Years
The six-year cap has exceptions linked to the green card process:16U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status
- If a labor certification or immigrant petition was filed on your behalf at least 365 days ago and is still pending, your employer can request one-year extensions past six years.
- If you have an approved I-140 but no immigrant visa number is available in your preference category, your employer can request extensions in up to three-year increments.
- Time you spent outside the U.S. during your H-1B period doesn’t count toward the six-year cap and can be recaptured.
These extensions matter most for workers from countries with long green card backlogs.
If You Lose Your Job
H-1B status is tied to employment, so a layoff or termination starts a clock. Federal regulations give you up to 60 consecutive days after employment ends to remain in the U.S. without falling out of status, or until the end of your authorized validity period, whichever is shorter. You can’t work during those 60 days unless another employer files a new H-1B petition for you under the portability rule. USCIS retains discretion to shorten or eliminate the grace period.17eCFR. 8 CFR 214.1 – Requirements for Admission, Extension, and Maintenance of Status
Realistic options during the grace period are to find a new sponsoring employer, change to another nonimmigrant status such as B-1/B-2 or F-1, or prepare to depart. The 60 days run from the actual last day of employment, not from the day you receive notice.
When an employer terminates an H-1B worker before the petition’s validity period ends, the employer must pay the reasonable cost of return transportation to your home country or last country of residence.14Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants This applies to involuntary separations, not resignations. The employer must also notify USCIS so the petition can be revoked.18U.S. Department of Labor. H-1B Advisor: Termination Notice
Documents to Hold Onto
Immigration records accumulate fast, and losing one at the wrong moment can delay an extension, a job change, or a green card filing. Keep every I-797 approval notice you’ve ever received, not only the current one. Print your I-94 after each U.S. entry.4U.S. Customs and Border Protection. Arrival/Departure Forms: I-94 and I-94W Keep expired passports that carry old visa stamps. Save offer letters, pay stubs, and W-2 forms as evidence of continuous lawful employment. Ask your employer for copies of your Labor Condition Applications; the employer is required to keep them, but your own copies are useful if you switch jobs or need to prove compliance later. These records become especially important if you apply for permanent residency, where USCIS may review years of history in a single adjudication.