H-1B Activation: Change of Status (COS) vs. Consular Processing (CP)
After being selected in the H-1B lottery, applicants must complete the activation process, which allows them to start working under H-1B status. There are two primary activation methods: Change of Status (COS) and Consular Processing (CP). This guide explains the differences between these two methods, their advantages, disadvantages, and how to choose the right option.
1. Change of Status (COS)
Change of Status (COS) is for applicants who are already in the U.S. under a valid visa status (e.g., F-1, OPT, H-4, L-1) and want to switch to H-1B without leaving the country.
Process
- H-1B Petition: The employer files an I-129 petition and selects Change of Status in the application.
- Approval: Once USCIS approves the petition, the applicant’s status automatically changes to H-1B, typically effective October 1.
- Begin Working: The applicant can start working for the sponsoring employer without needing to leave the U.S.
Pros and Cons
✅ Pros:
- No need to leave the U.S. or go through consular processing.
- Avoids visa interview delays or administrative processing (221g).
- Ensures a smooth transition from the current status to H-1B.
❌ Cons:
- If the applicant travels outside the U.S. before H-1B takes effect (before October 1), the COS request is automatically voided, requiring consular processing.
- The applicant does not receive an H-1B visa stamp, meaning they must apply for one before traveling internationally.
Best for
- Applicants currently in the U.S. on F-1 (OPT, STEM OPT), H-4, or L-1 status.
- Those who do not plan to travel internationally before October 1.
2. Consular Processing (CP)
Consular Processing (CP) is for applicants outside the U.S. or those who prefer to activate H-1B by obtaining a visa at a U.S. consulate abroad before entering the U.S.
Process
- H-1B Petition: The employer files an I-129 petition and selects Consular Processing instead of Change of Status.
- Approval: USCIS approves the petition, but the applicant does not gain H-1B status automatically.
- Visa Application: The applicant schedules and attends a visa interview at a U.S. consulate.
- Entry into the U.S.: Once approved, the applicant enters the U.S. with the H-1B visa, activating their status.
Pros and Cons
✅ Pros:
- The applicant has flexibility in choosing when to enter the U.S. after obtaining the visa.
- Does not affect the current visa status (e.g., F-1, H-4) before entering the U.S.
- Avoids the risk of COS cancellation due to international travel.
❌ Cons:
- Requires a visa interview, which may result in administrative processing (221g) or delays.
- Subject to consular appointment availability and U.S. visa policy changes.
- The applicant cannot start working under H-1B status until they enter the U.S.
Best for
- Applicants who are currently outside the U.S.
- Those planning to travel internationally before starting work.
- Those who want flexibility in choosing their H-1B activation date.
3. Comparison: COS vs. CP
| Feature | Change of Status (COS) | Consular Processing (CP) |
|---|---|---|
| Travel Requirement | No travel needed | Requires travel to a U.S. consulate |
| Activation Date | Automatic on October 1 | Upon entry into the U.S. |
| Process | I-129 approval automatically activates status | Requires visa appointment and stamping |
| Risk Factors | COS voided if traveling before activation | Risk of administrative processing (221g) |
| Freedom to Travel | Cannot travel before activation without affecting status | No restrictions before activation |
| Best for | Those staying in the U.S. | Those outside the U.S. or planning to travel |
4. Key Considerations
- Avoid travel before October 1 if using COS: Leaving the U.S. before H-1B takes effect will void the COS request, requiring a visa application abroad.
- Plan visa appointments in advance for CP: Some U.S. consulates have long wait times, so schedule an appointment early.
- Be mindful of work authorization: F-1 OPT holders can work until H-1B takes effect, but STEM OPT applicants should ensure their EAD remains valid.
Conclusion
Choosing between Change of Status (COS) and Consular Processing (CP) depends on your current location, travel plans, and flexibility. If you are already in the U.S. and do not plan to travel before October 1, COS is the easier option. If you are abroad or plan to travel, CP allows greater flexibility but requires a visa interview.
Understanding these differences ensures a smoother H-1B activation process, reducing delays and risks.