After being selected in the H1B lottery, Indian professionals must complete several important steps to secure their visa status. The first step involves the employer submitting a complete H1B petition to USCIS within the designated filing period. This petition must include all required documentation such as the Labor Condition Application, educational credentials, and proof of the employer-employee relationship.
Indian applicants should pay special attention to the documentation of their educational qualifications. Since India follows a different education system, it\“s crucial to provide proper equivalency evaluations for degrees obtained from Indian universities. Many Indian professionals hold degrees from institutions like IITs, NITs, and other recognized universities, and these must be properly documented to meet USCIS requirements.
The next phase involves responding to any Requests for Evidence that USCIS might issue. Indian applicants often receive RFEs regarding specialty occupation qualifications or employer-employee relationships. Having a well-prepared response with supporting documents is essential for successful petition approval.
Once the petition is approved, Indian nationals outside the US must go through consular processing at a US embassy or consulate. The most common locations for Indian applicants are the US embassies in New Delhi, Mumbai, Chennai, and Hyderabad. During the visa interview, applicants should be prepared to discuss their qualifications, job role, and ties to India.
For those already in the US on other visa statuses, the change of status process begins after petition approval. Many Indian professionals transition from F-1, L-1, or H-4 status to H1B. It\“s important to maintain legal status throughout this transition period and understand the cap-gap provisions for F-1 students.
The final step involves understanding the portability rules under AC21, which allow H1B workers to change employers after their petition is filed. This is particularly relevant for Indian professionals seeking better opportunities in the US job market while maintaining their legal immigration status. |
