I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans. My California State Bar record can be found here. Feel free to connect with me on Linkedin.
I have been asked by Singaporeans who are already in the U.S. on valid status under a visa classification other than H-1B1 (examples: Singaporeans working on F-1 OPT status or on L-1 status, or staying in the U.S. on H-4 status as a spouse of an H-1B1 principal) on how to "convert" to H-1B1 status to work for an H-1B1 employer.
There are two possible processes to achieve that end:
(1) Consular Processing at the US Embassy in Singapore, or
(2) Change of Status Petition with the USCIS in the U.S.
I summarize and compare these two processes in the table below.
(Updated as of March 2021 which takes into account the mandatory 2-week COVID-related quarantine period in Singapore).
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Consular Processing at US Embassy in Singapore for H-1B1 |
Change of Status Petition with USCIS for H-1B1 |
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Step 1: LCA
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Certified LCA required
Timeframe: Approx. 1 week
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Certified LCA required
Timeframe: Approx. 1 week |
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Step 2: Consular Processing or USCIS Petition
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Consular Processing
Timeframe: Approx. 2 weeks to get the interview appointment. You will find out if the visa application is approved at the interview itself
*Please also factor in the mandatory 2-week COVID quarantine period. In other words, please ensure that your visa interview falls after that. |
USCIS Petition for Change of Status
Timeframe: 2.5 to 4.5 months, and provided there is no additional request for evidence from USCIS
USCIS Premium Processing (for the purpose of expediting the case) is not available for H-1B1 Singapore cases with USCIS
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USCIS Fees Payable? |
No |
Yes. Applicable USCIS Fees below: USCIS I-129 Fee: $460 USCIS ACWIA Fee: $750 (if 25 or less employees) or $1500 (if more than 25 employees)
The above USCIS fees must be paid by the Employer.
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MRV Fees Payable? |
Yes.
MRV Fee is $190 for the visa application at the Embassy.
This is paid directly by you from a SAM Machine, SAM mobile app or Post Office in Singapore.
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No. |
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Additional Remarks |
A USCIS Petition is NOT required for H-1B1 visa applications at the US Embassy. See 9 Foreign Affairs Manual 402.10-5(D).
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Does not result in a valid H-1B1 visa inside the passport. If you subsequently depart the U.S., you are required to obtain a valid H-1B1 visa embossed in your passport in order to enter the U.S. again. |
Disclaimer: This blog is for informational purposes only and does not constitute legal advice.
