The Application Process for the H1B

                                             The Beneficiary is currently in the US 

If the Beneficiary is currently in the U.S. in another non-H1B status, TAMUCC will file an I-129 Petition requesting a Change of Status to H1B, and an extension of stay. The period requested is usually three years. Once the USCIS approves the status and extension, the employee may begin to work as an H1B. In some cases, the USCIS may grant the status but not the extension. In this case, the worker will have to travel abroad to secure a visa to re-enter the U.S. as a Specialty Occupation Worker, H1B.   

                                            The Beneficiary is Already an H1B Status 

Generally, portability allows the worker employed as an H1B with Employer A to accept an offer of employment with Employer B (TAMUCC). The worker may port his/her H1B to TAMUCC provided that the University files a new I-129 H1B Petition before the expiration of the worker’s authorized stay. The porting employee may begin to work once TAMUCC receives FORM I-797C, issued by the USCIS upon receipt of the I-129 petition. 

Portability requires that the beneficiary must have been (1) lawfully admitted to the United States in a valid nonimmigrant status, (2) previously been granted an H1B status, (3) must be in a current period of stay when the TAMUCC H-1B petition is filed, and (4) must have not engaged in unauthorized employment.   

                                           When the Beneficiary is outside of the U.S. 

If the Beneficiary is out of the U.S., TAMUCC will file form I-129, requesting the H1B status and Consular Processing. When the USCIS approves the I-129, it will notify the U.S. Consulate indicated on the petition of the approval. The beneficiary will then schedule an interview appointment with the U.S. consulate to apply for the H1B visa. Upon issuance of the H1B Visa, the beneficiary may then travel to the U.S. and begin work for the petitioner.