How can I "Convert" to H-1B1 from a Different Visa Classification?

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).

	Consular Processing at US Embassy in Singapore for H-1B1	Change of Status Petition with USCIS for H-1B1
Step 1:  LCA	Certified LCA required   Timeframe: Approx. 1 week	Certified LCA required   Timeframe: Approx. 1 week
Step 2:  Consular Processing or USCIS Petition	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
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.
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.	No.
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).	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.