Can I switch from a contract role to a full-time H-1B job later?

 Yes, you can switch from a contract role to a full-time H-1B job later, but the process involves a few important steps, and there are specific requirements to follow.

Here’s how the process typically works:

1. Employer Sponsorship for H-1B:

• To switch to a full-time H-1B job, the new employer must file a new H-1B petition on your behalf. This is called a change of employer petition (also known as an H-1B transfer).

• The new employer needs to sponsor you for H-1B status, which means they need to prove that the job they’re offering is a specialty occupation (requiring at least a bachelor's degree in a specific field) and that they will pay you the required wage according to the Labor Condition Application (LCA).

2. No Need for a New H-1B Lottery:

• If you already hold an H-1B visa (either in a contract position or a different role), and you are switching employers, you do not need to go through the H-1B lottery again. The petition can be filed as a transfer because your H-1B status is already approved.

• You can start working for the new employer as soon as the H-1B transfer petition is filed (assuming you’re in status) and before it is approved, as long as the petition is filed with USCIS.

3. Employer’s Role:

• Contract Role to Full-Time: If you're working in a contract role (e.g., through a staffing agency or as a consultant) and want to transition to a full-time, permanent role with a different company, the new employer must demonstrate that the full-time job they are offering also qualifies as a specialty occupation.

• Employer-Employee Relationship: Whether you’re on contract or in a full-time job, the employer must prove that they have control over your work, which is required for the H-1B visa. If you’re switching from a contract job to a full-time role, the new employer will need to establish that they will have direct oversight over your job duties, pay, and working conditions.

4. Documentation and Filing:

The new employer will need to submit the following:

• A new Labor Condition Application (LCA), which is specific to the new full-time job.

• A new H-1B petition that includes all supporting documentation such as your job description, salary, degree requirements, and evidence that the role qualifies as a specialty occupation.

• Your education credentials and any other relevant supporting documents.

5. Maintaining Status During the Transition:

• If you’re on H-1B status and decide to switch employers, it’s crucial that you maintain legal status during the transition. As long as the new employer’s H-1B petition is filed before your current status expires, you can continue working during the transition period.

• If your current H-1B employer is a staffing agency and you're working on a contract basis, the H-1B transfer to a full-time role should be smooth, provided that the new role is permanent and the employer can demonstrate that it qualifies as a specialty occupation.

6. Impact on Duration of H-1B Visa:

• The time spent in the contract role counts toward the 6-year maximum duration for H-1B status, but the transfer to a full-time position does not reset the clock. If you have already used part of your 6-year limit on H-1B, the new employer's petition will only extend your H-1B status for the remaining period.

7. Changing from Contract to Full-Time:

• If you're currently in a contract role and want to move to a full-time position with a new employer, the new employer simply needs to file an H-1B transfer petition as soon as possible.

• Third-Party Worksite: If your contract role was at a third-party client’s location, switching to a full-time role means you’re likely moving to a new job at the new employer’s location. The new petition would reflect this change in work location, and the new employer must file an LCA that reflects the new worksite location.

Conclusion:

You can absolutely switch from a contract role to a full-time H-1B job later, as long as the new employer files a valid H-1B transfer petition and meets all the requirements for the H-1B visa. The transfer process doesn't require going through the lottery again, and you can start working for the new employer once the petition is filed (if you're maintaining your status). Ensure that the new role is still a specialty occupation and that the employer has the necessary documentation to support the petition.