Non-immigrants in most status categories may change to H-1B status. The most common exception is non-immigrants in J-1 status who are subject to the two-year foreign residency requirement.

NOTE: Once a petition to change status to H-1B has been filed and received by USCIS, you may NOT travel outside the U.S. If you do travel outside the U.S., the H-1B petition will automatically be approved for consulate notification rather than for a change of status. Please discuss any travel plans with an ISSP advisor PRIOR to filing a request to change status to H-1B.

A non-immigrant currently employed by Emory University, who has been sponsored by Emory for a change of status to H-1B, may not continue working at Emory under the old status once it has expired. To maintain continuity of employment, one must receive the approval for the change of status to H-1B prior to the expiration date of one's current status. Therefore, timely filings of change of status requests are critical in maintaining continuity of employment.

A change from H1B status is possible as long as the person qualifies for the new status desired. A change from H-1B status must be filed by the employee and received by USCIS prior to termination of the employee's H-1B employment.