How Do I Change My Status from F-1 to H-1B in the United States?

If you are an international student in the United States on an F-1 visa and are graduating soon, you may be considering transitioning to H-1B status. Making this change is possible for students, but it is important that you fully understand the legal requirements that go into this process. For more information and to secure skilled representation during this time, reach out to a knowledgeable employment visa attorney in New York City today.

What is F-1?

F-1 is a non-immigrant status that allows international students to pursue academic studies in the United States. It allows students to temporarily live in the country while studying at a school, college, seminary, or conservatory.

What is H-1B?

An H-1B visa is a non-immigrant visa for foreign workers who want to perform services in a specialty occupation. Qualifying occupations must require at least a bachelor’s degree and both theoretical and practical application of a body of highly specialized knowledge.

Common fields that apply to the H-1B visa include IT, engineering, finance, healthcare, education, and more. The United States issues 65,000 H-1B visas annually and an additional 20,000 for those with advanced degrees from U.S. universities and institutions.

How Do I Change My Status from F-1 to H-1B in the U.S.?

There are several important steps involved in changing your status from F-1 to H-1B. Consider the following.

1. Find a sponsor: You must secure a job offer from a United States employer who is willing to sponsor you for an H-1B visa
2. Registration: Your employer must register you for the annual H-1B lottery and, if selected, begin filing a petition
3. Labor Condition Application: Your employer must file an LCA with the Department of Labor and agree to pay a certain wage for the position and location
4. File the petition: After the LCA is approved, your employer needs to file Form I-129, the Petition for Nonimmigrant Worker, with the USCIS, which requests a change from F-1 to H-1B status
5. Approval: If the petition is approved, your status will automatically change to H-1B on the start date

Following these steps is crucial in ensuring that you properly transition from a student visa to an employment visa.

What if My F-1 Status Expires?

Depending on the details of your circumstances, you may worry that your F-1 status is going to expire before your H-1B status kicks in. If this is the case, you may qualify for the cap gap extension.

An employer may not file, and USCIS may not accept, a cap subject H-1B petition submitted more than 6 months in advance of the date of actual need for the beneficiary’s services or training. Because of this, a gap in valid status can occur.

Certain students with a pending or approved cap-subject H-1B petition may remain in F-1 status during this period in order to continue having a valid status in the United States. If you have questions or concerns about your status and eligibility, reach out to an experienced immigration attorney for more information and skilled legal advice today.