Getting ready for your H-1B filing

Congratulations, your employer has agreed to file, on your behalf, an H-1B petition.  If you are subject to the H-1B cap, and if (as is usually the case) the cap is full during the time you learn this news from your employer, then your employer must wait until the next April 1 (at the earliest) to file. Because of the cap, however, your employer and attorney should look to file actually on April 1 itself or as soon as possible thereafter.

For this reason, to avoid delays in filing, you will want to be sure that you yourself are prepared with the necessary materials that your employer or the attorney will need from you. These materials include the following, and assume you are seeking a change of status from F-1 to H-1B:

Immigration documents

You should have the following immigration documents available:

• passport information page (i.e. the page with your photo, name, date of birth etc.)
• visa stamp for your most recent entry into the US
• latest I-94 document, front and back
• latest I-20 document
• employment authorization card, if applicable

Educational/professional credentials

You should have official copies of relevant undergraduate and graduate transcripts (note that a diploma by itself is insufficient, according to H-1B regulations, because it will not show courses taken or dates attended). An official transcript is one that is issued by an office of the university, and such office is usually the registrar. The transcript usually will have the insignia of the school. In other words, a “do it yourself” printout or screen print of a transcript, such as from Blackboard or Banner software, will not meet government regulations. 

Because requests for transcripts take time, you will want to make your request as soon as possible.

You also may want to include a letter of attendance, signed by the registrar, to validate the transcript, and also repeat information on dates attended and the fact that you graduated.

Make sure you also have an up-to-date resume available.

Please see below regarding photocopies.

Job description, job requirements, title and salary

Although the job description, title and salary should come from your employer, you still should review that information. Often the job description does not really reflect what a person really does. In particular, when you review the description, make sure it encompasses all your duties. Make sure it shows the complexity of your job, because such complexity is an important factor in determining whether you will be approved or not.

Translations

Any document that is in a non-English language will need to be translated into English. More specifically, the translation must be a certified one. That is, the English translation must come with a signed statement by someone, and this statement should identify the document, should say that the person is fluent in English and the other language and that the translation is an accurate one.

The person who certifies the translation should be someone other than yourself. However, you yourself still can translate the document into English if you wish and are able to, before the certifier reviews the translation. That is, the certifier need not be also be the translator.

Photocopies

I have never been asked for original copies of any documents. For this reason, I always provide photocopies of documents. Needless to say, the photocopies should be accurate reproductions of the original, and neither the original document nor the photocopy should be altered. Doing so is a serious offense, and could result in severe consequences.

You are welcome to contact me at csun@calvinsun.com