What to do After You are Selected in the H1b Lottery: A Comprehensive Guide
If you have recently been selected in the H1b lottery, then you are likely feeling a mix of emotions. You may be excited about the opportunity to work in the United States, but you may also be feeling overwhelmed and unsure of what to do next. This is a normal and natural reaction.
Fortunately, we are here to help. In this blog post, we will walk you through the h1b process after lottery and cover what to do after being selected in the H1b lottery. We will provide a comprehensive guide on the h1b electronic registration process, the necessary supporting documents, what steps to take and what resources are available to help you through the process. Without further ado, let's get started.
What happens after H1B Registration Lottery?
Employers or attorneys submit H1B registrations on behalf of their employees between March 1 and March 18 of 2023. USCIS uses a computer-generated random selection process, or lottery, to select enough registrations to meet the H-1B cap. Once the H1B registration lottery is completed, the United States Citizenship and Immigration Services (USCIS) notifies the selected registrants through their online account. Employers or their authorized representatives can then log into their USCIS online accounts to view the status of each registration. If a registration is selected, the status will be updated to 'Selected.' In addition, USCIS may also send an email or a notification through regular mail to inform the employer about the selection. However, the absence of an email or mail notification does not mean the registration was not selected. The most reliable method to check the status is to log in to the USCIS online account directly.
Second Round of Lottery in 2023
In 2023, there was an unprecedented occurrence in the H1B lottery process. Traditionally, USCIS conducts a single lottery round, but due to an unexpectedly lower number of completed applications, a second round of lottery was conducted in late july and early august in 2023. This unusual event provided another opportunity for employers to submit their applications on behalf of potential employees. It's imperative to note that this was an exceptional circumstance, and prospective applicants should prepare adequately for a single round in future years.
USCIS may notify you that you've been selected in the lottery before March 31. However, you shouldn't assume that you have an H-1B visa just because your employer or attorney submitted a registration on your behalf or USCIS notified you of your selection in the lottery.
You're only approved for an H-1B visa after USCIS completes its review of your petition and you meet all other eligibility requirement. After you have been selected in the H-b lottery, the next step is to complete your petition and submit it to USCIS. You will need to provide USCIS with evidence that you are qualified for the position, such as your educational qualifications and work experience. The H1b petition must be submitted within 90 days of your registration notice.
Steps after H1B Registration Lottery
There are a few steps that you will need to take after being selected in the H1-b lottery. These steps include:
1) Completing your petition
After you have been selected in the H-b lottery, the next step is to complete your petition and submit it to USCIS within 90 days. You will need to provide USCIS with evidence that you are qualified for the position, such as your educational qualifications and work experience.
If you are unsure of how to complete your petition or what evidence to provide, you can consult with an experienced immigration attorney at Xu Law Group.
Consulting with an immigration attorney is especially important if your employer is not familiar with the H-b process. An experienced attorney will be able to help you and your employer navigate the process and ensure that everything is done correctly.
2) Gathering evidence of your qualifications
One of the most important parts of your petition is evidence that you are qualified for the position. USCIS will need to see evidence of your education and work experience.
If you have a bachelor's degree, you will need to provide transcripts from your university. If you have a master's degree, you will need to provide transcripts as well as evidence of your thesis or research project.
If you have work experience, you will need to provide letters from your previous employers. These letters should state the dates of your employment, your job title, and a description of your duties. The letter should also state that you are qualified for the position.
It is important to gather all of this evidence before you submit your petition. USCIS may request additional evidence if they need more information about your qualifications.
Gathering all of this documentation can be time-consuming, but it is important to make sure that you have everything you need before you submit your petition. If USCIS requests additional evidence, it will delay the premium processing of your petition.
If you have any questions about what evidence you need to submit, you can consult an immigration attorney. An experienced attorney can help you gather the evidence you need and prepare your petition.
Here’s a Sample H1b Petition Document Checklist:
Offer of Employment Letter: Obtain an offer letter or employment agreement from your prospective employer that confirms the job offer and describes the terms and conditions of your employment.
Detailed Job Description: Work with your attorney and the employer to draft a thorough description of the position you're being offered, showcasing that the role is specialized and requires a professional with at least a bachelor’s degree in the h1b field.
Educational Documents: Include your university degree(s) and transcripts, proving that you meet the educational requirements of the H1b visa.
Evaluation of Foreign Degree: If your degree was issued by a non-US university, obtain a degree evaluation that your foreign degree is equivalent to a US degree of the same level.
Resume or Curriculum Vitae (CV): Show your employment history, skills, and qualifications in an organized CV.
Employer Support Letter: A letter from your employer detailing the reasons why you are necessary for the position and how you fit into the operations of the company.
Attorney Support Letter: A letter from your attorney detailing the the legal grounds supporting your H1b visa.
LCA (Labor Condition Application): Filed by your employer or attorney to the Department of Labor (DOL).
Previous Visa Documents: If you have been issued an H1b visa before, or an F1 visa before, provide copies of your previous I-797, I-129, I-20, Visa stamp, and LCA.
Pay Stubs: If you currently work in the US, include copies of your recent pay stubs. If you have worked in the US before, include copies of your recent pay stubs to ensure you have maintained your previous immigration status.
Passport and other biometrics documents: Include photocopies of all your passport pages with stamps, plus the bio-data page. Include your I-94 and travel history.
H1b registration notice: Finally, remember to include your H1b registration notice to show that you were indeed selected!
Remember, it's always better to be over-prepared. Ensure all your documents are in order before you submit your petition. If any information is missing, your petition could be delayed or denied. Consult with an immigration attorney to verify all requirements have been met.
3) Submit your petition to USCIS
Once you have completed your petition, you will need to submit it to USCIS. You can do this by mail through regular or premium processing.
The filing fee for Form I-129 is $460. If you submit your petition by mail, you will need to send it to the address that is listed on the USCIS website.
Make sure to keep a copy of your petition for your records. You will also need to send USCIS evidence that you have been selected in the H-1b lottery. This can be done by sending a copy of the notice that you received from USCIS or your employer.
Once USCIS receives your petition, they will review it to make sure that everything is complete and correct. If they need any additional information from you, they will send you a request for evidence (RFE).
You should respond to any requests for evidence as soon as possible. USCIS has 90 days to review your petition and issue a decision. If they do not receive a response to their request for evidence within that timeframe, your petition would be denied.
4) Attending an interview (If applying from abroad)
After you submit your petition from abroad, USCIS may require you to attend an interview at the local consulate. The purpose of the interview is to verify the information on your petition and to ask questions about your qualifications.
If you are required to attend an interview, you will be notified by mail. The notice will include the time and location of the interview. You should bring all of the evidence that you submitted with your petition to the interview.
You should also be prepared to answer questions about your qualifications. USCIS may ask you to provide additional evidence of your qualifications at the interview.
The interview process can be daunting, but it is important to remember that USCIS is just trying to verify the information on your petition. If you are prepared and honest, the interview will go smoothly.
An experienced immigration attorney can help you prepare for your interview and answer any questions you have about the process.
5) USCIS Notifies H1B Petition Decision
USCIS will notify you of the results of their decision by mail or fax. If your petition is approved, you will be sent an approval notice I-797.
If your petition is not approved, you may also want to consult an immigration attorney to see if there are other options available to you.
Things to know after your H-1B is approved
There are several things you should know about obtaining an H-1B visa if you are the same beneficiary of a recently approved H-1B petition. This includes information about visa issuance, validity, international travel, work restrictions, and your responsibilities while in the United States.
Please consider this information carefully, as it will help you avoid problems and ensure a smooth transition to H-1B status.
Know Your H-1B Status
Your H-1B status is valid until the end date on your I-94 form or the validity period on your H1b 797 notice of action, whichever comes first, unless your employer revokes your status or you violate the terms of your status.
It is important to keep track of the expiration date on your I-94 form and make sure you apply for an extension of your status before it expires. If you do not extend your status, you will be considered out of status and will need to leave the United States.
Additionally, you should keep track of any changes to your employment, such as a change in job duties or a change in employer. These changes must be reported to USCIS online accounts.
The H-1B status is employment-based, so your H-1B status comes to an end on the day you terminate your employment. Before your H-1B status may be "activated," you must obtain a visa stamp at a US Consulate or Embassy in another country.
Visa Issuance and Validity
If you are outside of the United States when your H-1B petition is approved, you will need to obtain a visa stamp in order to enter the country.
You can apply for a visa stamp at any US Consulate or Embassy. The visa stamp will be placed in your passport and will allow you to enter the United States.
The visa stamp is generally valid for six months, but it can be extended for up to one year. You do not need to obtain a new visa stamp every time you travel.
However, if you travel outside of the United States and your visa stamp expires while you are gone, you will need to obtain a new visa stamp before you can re-enter the United States.
It is important to note that the visa stamp does not determine the length of time you can stay in the United States. The visa stamp only allows you to enter the United States.
Your length of stay is determined by the expiration date on your I-94 form. You can find the expiration date on your I-94 form in the upper right-hand corner.
Dependents
If you have dependents (spouse and/or children), they may be eligible for H-1B status as well. Your spouse and children may not work in the United States unless they obtain an Employment Authorization Document (EAD) as other similarly employed workers.
Your dependents will also need to obtain a visa stamp in order to enter the United States. Dependents will have the same length of stay as the primary H-1B holder.
When applying for an H-4 visa, your spouse and any dependent children will need to submit the following documents:
A copy of your H-visa petition
A copy of your I-797 Approval Notice
Proof of relationship to you (marriage certificate, birth certificate, etc.)
Passport photographs
Nonimmigrant Visa Application (DS-160)
After your H-1B visa petition is approved, your dependents can apply for their H-4 visas at any US Consulate or Embassy.
Once they have their H-4 visa, they can enter the United States. They will need to present their passport, visa, and I-797 Approval Notice to the Immigration Officer at the port of entry.
The Immigration Officer will stamp their passport and issue them an I-94 form. The I-94 form will indicate the length of their stay in the United States.
International Travel
If you plan to travel internationally while on H-1B status, you will need to carry the following documents with you:
Your passport
Your H-1B visa stamp
Copy of your I-797 Approval Receipt Notice
Evidence of your current employment
An H-1B visa allows you to travel freely to and from the United States. However, if your visa stamp expires while you are outside of the United States, you will need to obtain a new visa stamp before you can re-enter the country.
As a general reminder, it is always a good idea to carry copies of important documents with you when you travel. This includes your passport, visa, I-94 form, and I-797 Approval Notice.
If Your Move or Change Address
It is important to keep the USCIS updated of any changes in your address. You can update your address with the USCIS by filing a Form AR-11.
You can file the Form AR-11 online or by mail. If you file the form online, you will need to create an account with the USCIS.
If you file the form by mail, you can find the mailing address on the Form AR-11. You will need to include your current address, as well as your new address on the form.
You will also need to include your alien registration number, which can be found on your I-94 form. You should update your address with the USCIS within ten days of moving.
It is also a good idea to update your address with the Social Security Administration (SSA). You can update your address with the SSA by visiting their website or by calling them.
When you update your address with the SSA, they will update their records and send you a new Social Security card.
H-1B Extensions
The H-1B status is initially granted for a three-year stay. When the three years is up, you may apply for an extension of your stay.
You can apply for an extension of your stay up to 3 years before your current status expires. To apply for an extension, you will need to file a Form I-129.
Your employer will also need to file a Labor Condition Application (LCA) with the Department of Labor under the Internal Revenue Service. The LCA is used to certify that there are no qualified US workers for the position and that your nonimmigrant worker will pay you the prevailing wage for the position.
Once the Form I-129 and LCA are approved, you can apply for an extension of your stay. You will need to file for a green card or change to another visa type if you want to extend your stay beyond the 6 year limit.
How long does it take for H1B approval after lottery?
The duration for H-1B approval after the lottery can vary significantly, depending primarily on the processing center and whether premium processing is used. Regular processing times can range from 2 to 6 months. However, USCIS offers a premium processing service for an additional fee, guaranteeing a response within 15 calendar days. It's important to note that these timelines are subject to change and can be influenced by factors such as the volume of applications and any additional requests for evidence (RFEs) by USCIS.
Can I travel after H1B is picked in lottery?
It depends. If your H-1B petition is in process and you travel outside the United States, you may not be able to return until it is approved and you have obtained an H-1B visa stamp. If your H-1B petition gets approved while you are abroad, you will need to apply for a new visa stamp at a U.S. Consulate or Embassy before you can re-enter the United States. Remember, the H-1B visa stamp only allows entry into the U.S., and the length of your stay is determined by the I-94 form issued at the port of entry. Always consult with your immigration attorney before planning any international travel during the H-1B processing period.
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