Employment Based Immigration Handbook
III. H-1B INFORMATION AND REGULATIONS FOR THE FOREIGN NATIONAL EMPLOYEE
III.4 H-1B APPROVAL DOCUMENTS AND OBTAINING H-1B STATUS (Employee Abroad vs. Employee in U.S. [Change of Status (COS)])
If USCIS approves an H-1B petition for UToledo, the I-797 Approval Notice will be mailed to CISP. CISP will contact the employee or Department to arrange pick up or mailing of the original I-797 Notice of Approval.
Individuals currently outside the United States: must apply for the H-1B visa stamp at a U.S. embassy or consulate after they receive the I-797 Approval Notice from CISP. Please note that individuals with approved petitions may enter the U.S. no earlier than 10 days prior to the effective start date indicated on the I-797.
Upon entry to the U.S., individuals will receive an admission stamp near their H-1B visa stamp in their passport. Individuals should go to Department of Homeland Security's website to retrieve their electronic I-94 Arrival/Departure record. Get your most recent I-94 at DHS's I-94 page.
Note: The College or Department should factor additional time in for consulate processing. CISP will have to wait to receive an approval notice and will then mail or scan the original to the Beneficiary who will then have to set up a consulate appointment. This inherently enlarges the processing time.
Individuals currently in the U.S. studying or working in another nonimmigrant status [F-1 (OPT), J-1]: must wait until the Change of Status to H-1B is approved before they can begin working.
The employee must also have fulfilled or waived any INA 212(e) two-year home residency requirement (if applicable—relevant only for those who have worked/studied under the J-1 classification).
Individuals with an approved H-1B petition will receive an I-94 card attached to the bottom of the I-797 Approval Notice which will indicate their new H-1B status.