The role of ISS is to ensure that international scholars obtain and maintain valid nonimmigrant status to be able to conduct their duties at Caltech. It is expected that international scholars who are in temporary appointments or positions such as postdocs or temporary staff roles will use the maximum duration of their current nonimmigrant status before ISS proceeds with other sponsorship options. In order to support Caltech's business needs and ISS operations, ISS will prioritize H-1B sponsorship for those who have exhausted the maximum duration of their status and therefore must change to another status to continue their Caltech employment without interruption.
Example A: A J-1 Research Scholar postdoc is expected to use the 5-year maximum duration before transitioning to H-1B status.
Example B: An F-1 temporary staff member with both OPT and STEM OPT available is expected to use the 3-year maximum duration before transitioning to H-1B status.
International scholars may receive outside advice that they should or must change their status to H-1B early or as soon as possible because of self-sponsored permanent residence petitions or other future plans. Nevertheless, ISS will prioritize the Institute's business needs and internal caseload management.
An early change of status may be possible if each of the following criteria are met:
- You have an I-140 Approval Notice.
- Your Caltech appointment end date is beyond your current non-immigrant status end date.
- Your most recent visa is expired.
- You have confirmed business travel planned for no earlier than 4 months into the future.
- You are otherwise eligible for H-1B status:
- The position meets H-1B eligibility requirements.
- J-1s only: You are not subject to the Two-Year Foreign Residence Requirement, or you have an I-612 Approval Notice.
- Your PI is willing to fund the petition filing fees.
These early change of status H-1Bs may take 4-6 months to prepare. If you meet these criteria, please contact your ISS advisor.
All estimated timelines are approximate.
SCENARIO A
New Employment – Scholar is inside the United States in another nonimmigrant status, such as F-1
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- USCIS approves H-1B petition and mails approval notice to ISS. ISS sends the approval packet to scholar or provides it upon check-in. 2-3 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO B
Change of Status – Scholar is at Caltech in another nonimmigrant status, such as F-1
- ISS is notified of reappointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- USCIS approves H-1B petition and mails approval notice to ISS. 2-3 weeks
- ISS provides the approval packet to scholar prior to the expiration of the other nonimmigrant status. Scholar continues employment without interruption.
SCENARIO C
New Employment – Scholar is outside the United States
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- USCIS approves H-1B petition and mails approval notice to ISS. ISS sends the approval packet to scholar. 2-3 weeks
- Scholar applies for H-1B visa stamp at U.S. Consulate in order to enter the United States in H-1B status. 2-8 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO D
Change of Employer – Scholar is inside the United States in H-1B status with another employer
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- Caltech needs USCIS receipt notice or approval notice for employment to start. ISS provides the approval packet to scholar upon check-in or later. 2-3 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO E
Extension of Stay – Scholar is at Caltech in H-1B status
- ISS is notified of reappointment.
- ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- While H-1B petition is pending, work authorization is extended for up to 240 days. Scholar continues employment without interruption.
All estimated timelines are approximate.
SCENARIO A
New Employment – Scholar is outside the United States
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests J-1 Supplement form to be completed. 1-2 weeks
- New scholar completes and submits J-1 Supplement and supporting documents. 1-4 weeks
- Upon receipt of the J-1 Supplement and supporting docs, ISS prepares DS-2019(s) and sends to scholar electronically. 1-2 weeks
- Scholar receives DS-2019(s) and applies for visa at U.S. Consulate abroad. 2-8 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO B
New Employment – Scholar is inside the United States in another nonimmigrant status, such as F-1
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests J-1 Supplement form to be completed. 1-2 weeks
- New scholar completes and submits J-1 Supplement and supporting documents. 1-4 weeks
- Upon receipt of the J-1 Supplement and supporting docs, ISS prepares DS-2019(s) and sends to scholar electronically. 1-2 weeks
- Scholar receives DS-2019(s), departs the United States, and applies for visa at U.S. Consulate abroad. 2-8 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO C
Change of Employer to Caltech – Scholar is inside the United States in J-1 status with another employer
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests J-1 Supplement form to be completed. 1-2 weeks
- ISS receives J-1 Supplement and supporting documents. 1-4 weeks
- ISS coordinates SEVIS transfer with current employer's J program. On the transfer date, ISS will have access to the SEVIS record and will print and provide the Caltech DS-2019 to the scholar upon arrival. Timeline depends on anticipated start date
- Scholar arrives at Caltech and checks in with ISS and Human Resources.