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Process of F1 to H1B Visa change of Status. OPT Rules, Planning – Tips
One of the most important things for an international student on F1 visa studying in America is to find an employer and get H1B visa sponsored. As you know, F1 students are impacted by the New H1B rules and Recession, changing from F1 to H1B visa can be tricky and it is a good idea to plan everything ahead of time like OPT after graduation and H1B 
sponsorship. I will try to explain the typical process involved for converting from F1 to H1B and key things to keep in mind during the change of status.
F1 Visa – OPT Planning :
Some of you might have worked on CPT (Working OPT Vs CPT ) and may be planning on applying OPT to work after graduation, but some of you may not have had CPT at all. Either case, you should apply for OPT to be eligible to work after graduation until you find a potential H1B Sponsor and get the H1B visa petition filed. You file using form I-765 and work with your International Student Advisor or DSO(Designated School official ), who will give you a new I20 and update SEVIS about your OPT. You will file the OPT for employment authorization by paying necessary fee. You can apply for OPT up to 90 days prior to completion of your program i.e, the graduation date. Suppose you forget to apply on time, you have 60 days grace period to apply after program date. This is very risky and not recommended as it gets much complicated. So, do NOT delay and apply for OPT before you graduate. Anyways, once you file OPT, you will get an EAD or OPT Card. Check : Sample OPT or EAD Card
OPT Rules to keep in Mind :
Once your OPT starts after graduation, ideally you should have a job and be technically working. If you are unemployed, you have to find a job as soon as you can in the area of your degree. The rule is, you can only accumulate only up to 90 days of Unemployment during entire 12 month OPT Period. What it means is, say for instance you worked for an employer for 3 months on OPT and you thought of changing jobs, then you start looking and change employer, it took you 30 days to find another job( you did not work during this 30 days), now you have used 30 days of your 90 Days unemployment period given by USCIS. Precisely, you can only be unemployed for a total of 90 days during your 12 month OPT. If you belong to STEM degree and get 17 month OPT extension, then you get an additional 30 days of unemployment period, which totals to 120 days of unemployment period allowed in total 29 months of OPT.
Process for F1 visa to H1B visa Change of Status:
Typically after you graduate with MS or MBA, you start looking for a potential H1B visa sponsoring company that can hire you full time and file your H1B visa petition. In fact, OPT is given to international students to demonstrate to these potential sponsors that you have the skills. Most of the employers want to see how you work and your skills for few months before they take decision to hire you full time and sponsor you work visa. It is assumed that you have OPT/ EAD Card in hand and working for an employer. You may also check How to find H1B visa Sponsors in an Area for Job Search in USA ?
Steps involved in F1 to H1B visa Change of Status & Important Points :
- You take interview from a H1B sponsoring company and they give you a job offer letter. You may have interviewed with the company before graduation and might have started working for a company on OPT right after graduation. The point is, you need a job offer from a H1B sponsoring company.
- Once you have the offer, you submit all the required documents to the H1B sponsoring company to file for H1B visa petition. For document list info, check article: Documents needed for applying for H1B visa. How much does it really cost ? What should you NOT give ?
- F1 visa students with MS or MBA from US are eligible for H1B Advanced degree quota of 20,000. Typically, the attorney will file your visa petition under this category if you have masters from US. If not, you will be filed under general category.
- Typically, USCIS accepts H1B visa petitions starting April 1st, there used to be lottery, but with recession and new H1B visa rules of 2011 things have changed and there was no lottery this year for FY 2011 cap. Anyways, the point is, some employers do not know the full rules and it is your job to remind them about the deadlines and makes sure they process the H1B visa petition filing on time for your F1 visa change of status to H1B.
- Once you file for H1B visa petition, you will get a H1B visa receipt notice from USCIS. Using the receipt number. You can Check H1B status Online
- Depending on number of petitions filed and the work load of USCIS, they process H1B visa petitions anywhere from 2 to 6 months or early. It depends.
- If you file for Premium processing, you will hear back from USCIS within 15 business days. The 15 day clock is a bit tricky when you file on April 1st, this year USCIS said, they will count the 15 days from April 7th. In general, if you do premium processing for your H1B petition, you should hear back in 15 business days or earlier.
- Once your H1B petition is processed by USICS a decision is made, they update the case status online and send your employer the decision. Hopefully you get the approval notice. Typically, your H1B visa term starts from October and your status is automatically converted to H1B from F1 Visa.
Hopefully you got an idea of F1 to H1B Change of status in US. If you are starting your career, you may read F1 visa to H1B visa: Consulting Career ? Pros and Cons of consulting ? New H1B Rules 2011 impact?
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Do we need to be on F-1 status for one...
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Oh shoot,did Busta Rymes eyes get bigger then? before?
I had my H1B Visa interview on 13 Jan 2012, they rejected my Visa today and said it has been sent to USCIS for revocation.My OPT has ended on 3 JAN 2012
Can I extend my opt from India?what is the fastest way I can go back to US?
What was the reason of the rejection? its important to know
Was your H-1 approved w/ COS when you were in US?
Hello,
I am in the STEM extension of my OPT, I am currently working in NY and my OPT extension will end in December 2012.
My company in April will apply for my H1B.
My question is: I need to travel to Italy (where I am from) in May 2012, will I have problem to re-enter the US if they already applied for my H1B in April 2012?
I read everywhere this is something I can’t do until October 1st when my H1B will actually starts, but what happen if I’d have an emergency or something very urgent to do? Basically I will be trapped in the US from April to October, is this right ?
Thank you very much
You will not be “trapped” in US. You can still leave US, but then:
- you will have to file for COS after returning to US on F-1 (this is when H-1 is still under process at the time you return)
- you will have to appear for H-1 visa stamping in Italy (this is when H-1 has been approved by the time you return, and it’s close to Oct)
Thank you very much for your reply. This blog is very helpful!
So as far as I understood in April we should file the “petition” for the H1B in order to not loose the opportunity to enter in the number of H1B available for this year and not file the COS.
Then I can travel (still as an OPT visa) and re-enter in the US in May. Then we can file for a COS.
Then the next step would be that I will travel back to my country after my my H1 has been approved. Is everything right?
Just this phrase was little unclear to me _”(this is when H-1 has been approved by the time you return, and it’s close to Oct)”_ when I should travel back? And could I encounter any problem in this procedure?
Thanks again
Few corrections:
1. “Then I can travel (still as an OPT visa) and re-enter in the US in May. Then we can file for a COS.” – COS can be applied only after your petition has been approved.
2. “Then the next step would be that I will travel back to my country after my my H1 has been approved.” – if COS gets approved then you can start working on H-1 from the COS approval date. There is no requirement to get H-1 visa stamped as long as you continue to remain inside US. Next time you travel out of US, you will have to get H-1 visa stamped.
3. “when I should travel back? And could I encounter any problem in this procedure?” – The other option is while you are outside of US and your H-1 petition gets approved, you have the option of going for H-1 visa stamping and then return to US and work on H-1 (no COS is required in this case). However, this is possible only if your H-1 stamping date is at most 90 days prior to Oct 1, and your return date is on or after Sep 20, 2012.
Does that clarify?
Thanks Saurabh! Just one last question.
Does it matter if my petition (basically I have to ask them to apply w/o COS) get approved before or after I exit the US?
And just to confirm: in your point number 2 when i will return back to US I will still be able to work under my OPT right?
then they will apply for a COS (after my petition gets approved) then as soon as it is approved I will work under H1 . Next time I travel out of US, I will have to get H-1 visa stamped.
That is correct?
Thank you very much
If you know that you will be traveling for sure, then it’s better to have it filed w/o COS. It doesn’t matter whether your petition is approved or still pending when you leave US.
Yes, you can work on OPT. Make sure:
- you are employed when you return back to US
- carry offer letter and recent paychecks
- stamp your OPT card for travel from your school DSO
- F-1 visa in the passport is not expired
Yes, you can then apply for COS and start working from COS approval date (which cannot be prior to Oct 1, 2012), and you will have to get H-1 visa stamped next time you travel out of US.
Thank you very much! I really appreciated your advices!
Hi,
I am just wondering, my OPT will expired this June, 2012. Should i talk to my employer about h1B visa before April or should I wait until April 1st, 2012? By any chance, if I apply H1B this April, should i use the premium process fee since my OPT is expiring soon. Please help. Thank you
Best regards,
You should have that conversation w/ the employer anytime, so that it can be filed anytime prior to OPT expiration. If your H-1 is filed w/ COS and before OPT expires, then you will be eligible for cap-gap. This will allow you to work in US while your H-1 is under progress. This can continue until Oct 1, 2012 or H-1 denial date, whichever is earlier. Filing in PP ensures a decision within 15 calendar days, so you would know whether your H-1 will start on Oct 1 or whether you will have to leave US.
Did MS (2003) in USA and used my OPT and then worked on H1b for 3 years.
Then again went on F1 to do full time MBA and after graduating, could not find a job and hence had to transfer to another masters (3rd one) to keep F1 alive and kept looking for a job
Now found the job. Company applied for a premium transfer and since I had 3 years remanining on H1b, I did not have to apply in a cap
H1b got approved this week.
Now I went to the International Student office of my university to just inform them of the same.
They pulled up my record to see the SEVIS information (Student and Exchange Visitor Information System) and found out that the receipt number was there in the system, however, the SEVIS system mentions a line stating that:
“An I 129 application with receipt number ___ has been filed and currently the F1 status has Automatically being extended to Sep 30 2012″
The personnel at my University has stated that this is very werid and they need to send the SEVIS a copy of my I 797 approval so that SEVIS rectifies the automatic information in its database. They think it might be beacuase the SEVIS database automatically did this assuming that the student is falling onto an OPT and the next cap opens on Oct 2012 and hence they automatically update the F1 til Sep 30, 2012
??!!
The official approval will come in mail only after a couple of weeks…Now the company wants me to join right now and says since the h1b is approved and USCIS email says so, the university says that they advice me not to start till this SEVIS issue is resolved and they say its a unique case and they dont know how long SEVIS will take to update the correct info
What do i do? I have to join and start working but worried about how big an issue this is?
Please advice!!
Here is the email received from USCIS:-
The California Service Center has approved the following
I-129 Petition for Nonimmigrant Worker
that had been filed under the Premium Processing Program:
Receipt Number: (Given)
Petitioner: (given)
Beneficiary: (Given)
DOB: (Given)
Classification: H1B
Starting Validity Date: 01/17/12
Ending Validity Date: 01/02/15
Consulate notified (if applicable):
I-94 # (if applicable): (Given)
The form I-797 Approval Notice will follow in the mail.
Check w/ your employer’s attorney, but below is my opinion.
You can start working on H-1 as it has just been approved w/ COS. Assuming SEVIS did a mistake and extended your status until Sep 30, 2012, there is something called “Last Action Rule”. This means the last action taken on your immigration records determines your status. So SEVIS update must have happened sometime ago, but H-1 update happened later on 01/17/12 and that determines your eventual status, which is H-1.
Hello,
I am in a very tricky situation.
I graduated with a Ph.D. in Dec 2010. My OPT started on Jan 4th 2011 and it expired on Jan 4th 2012 (2 weeks ago).
I am now in the 60-day grace period after my OPT has expired.
I currently have a postdoc offer from a university and they are willing to offer an H-1B for me. Since it is a university, this H-1B is cap-exempt.
My question is the following:
Can i apply for the cap-exempt H-1B without leaving the US, given that my OPT has expired and i am currently in 60-day grace period?
If i am allowed to apply, based on typical processing times for H-1B cap-exempt visas, will i be able to get it approved before the end of my 60-day grace period (I have 1.5 months left)? Or can i stay in the US beyond the grace period until the H-1B is approved or denied?
I would really appreciate if anyone could help me with this issue.
Regards,
Deepak
Hello Deepak,
I am in the same situation. Did anybody answer your questions?
Thank you
Douglas
Hi Deepak ,
I was also in a similar situation (PhD / postdoc) and the answer is yes (however, IANAL). Your university (your employer) should file the I-129 within the 60-day grace period. It will be very tight in your case though, because everyone has to go through the LCA process first (since 2009 summer) – mine took 50 days. Even after the LCA is received, it will take an additional 8-10 business days before they can file your I-129.
Good luck.
-Vig
Hello vig,
Thanks a lot for your reply.
Glad to find someone who has been in the same situation.
Should i leave the US and wait for the H-1B to be approved or is there a way i can wait in the US until it gets approved?
If possible, can you please briefly describe the visa processing/application process in a step-by-step fashion?
It would be of great help, as i am very confused about this.
Regards,
Deepak
Hi Saurabh,
I completed my MBA in US and worked on OPT. After 8 months, my employer applied for H-1 last month and it is approved. Now, I am planning to enroll in a 6 month course and transfer my status from H-1 to F-1 and start working for a new employer on CPT.
Now, for applying new H1, do I have to complete the 6 months course that I’ll be enrolling into or can I apply for new H-1 based on my old MBA degree?
After you complete your case, an employer can file cap-exempt H-1 petition for you on the basis of current H-1 petition. At the time of filing, you can submit all your degrees and marksheets including the one for this 6 month course.
Make sure you are working and getting paid while you are on your current H-1 status. It may be important to demonstrate the same when filing for H-1 in future, and also during your F-1 COS filing.
Thanks for your reply Saurabh. I really appreciate it.
Do I have to complete the 6 months course when filing for H-1 with COS in future or can I file based on my old MBA degree?
The reason I am asking this is because the course I am enrolling into is a 6 month course and I’ll apply for H1 when 3 months will be completed. So, technically the course would still be incomplete.
There are two factors:
1. Whether your 6 month course is relevant to the job you will be doing on H-1. If yes, then it’s better to complete the course and then file for H-1 w/ COS.
2. How soon you want to start working. I would suggest staying on F-1 for at least 90 days, and then deciding whether to start working by filing COS, or continuing the studies.
Hi,
I am planning to join a Professional certificate program in UCSC. So, I will be on f-1 visa. I already have 5+ years of industry experience. Hence, to my understanding once I am F-1 visa I am also eligible to file for H1-B if I could manage to find a sponsoring company. Assuming that I find a sponsoring company to file my H1B within 6 months of being on F1 visa, is ok? Are employers usually willing to take an experienced professional directly from F1 (without OPT)? Any idea on rejection rates for F1 to H1B conversion without OPT?
Thanks
Employers can hire you directly from F1 as they want to. As soon as you start working with an employer, you could apply for H1B under their sponsorship.
That’s my understanding. Correct me if I’m wrong.
You can try to find employers willing to sponsor your H-1. How easy or difficult it would be depends upon your expertise, area and targeted industry. Also, as you will be applying for H-1 after staying on F-1 for at least 6 months, USCIS shouldn’t raise any concerns regarding your non-completion of the course.
Thanks Nhat & Saurabh.
@ Saurabh, let me try to understand. Is it that being on F1-visa for 6 months before converting to H1B a problem? Or, non-completion of course? What kind of problems UCSC may raise in case of non-completion of course? In particular, can my non-completion of course affect my prospects of H1B approval?
Thanks a ton
When one plans to move from F-1 to H-1 within 30 days of entering US, then there is a high chance of rejection and USCIS can question your intent. F-1 is meant for education, and if one moves to H-1 so soon then USCIS can consider that as misuse of F-1 visa. This concern gradually wears down as you continue to stay on F-1, and by 90 days it is no longer a concern. As you will be moving to H-1 after staying on F-1 for 6 months, it should no longer be an issue.
Does that clarify?
Yes, definetely. Thanks, Saurabh
Hello All,
Do anybody have information about the payroll while CAP-GAP period for F1.
1) Am in CAP GAP Period, and my question is OPT taxes applies on my payroll or H1 taxes applies on my payroll, Please reply if anybody has some information.
Thanks in advance
It should be as if you are on OPT.
Thank you
If I have had J1 (section 212e applies) currently I am doing my OPT, am I eligible to switch my status from f1 to H1b? I am not interested in h1b visa I am interested in only changing my status from f1 to h1b. Please let me know if it is possible?
Thank you.
Hi,
I have got H1B visa. and my opt expires on 10th jan 2012. so is there any rule about making a h1B stamping before opt period expires?
or what is the last date to get stamping done?
There is no rule like that. Your OPT period is no more valid as you have already moved to H1b status. Is you H1b approved w/COS? If yes, then do not worry. You can go got stamping anytime before the three year validity.
When your H-1 was approved, was it approved w/ COS or w/o COS (if it came w/ an I-94 attached to bottom then it was approved w/ COS). If it has been approved w/ COS then your status is H-1 from the approval date and you are no longer on OPT. If it didn’t come w/ COS, then you are still on OPT. Once your OPT expires, you will have to leave US (60 day grace period applies), or file for COS to H-1 or file for OPT STEM extension (if eligible).
Hello,
I got a situation, hope you guyz cal help me out here.
My OPT EAD is from Sept 5, 2011 till Sep 4, 2012. Instead of using all my 90 day period (till Dec 5, 2011) to find a job, I joined a desi consultancy on Oct 20, 2011 to stop unemployment period. Now I got a full time job offer before getting a contract project from desi consultancy. Next week, I’ll be leaving this consultancy and joining full-time job.
I want to know what all documents from desi consultancy will be required when my full time company is going to file H1B for 2012, as both are part of my OPT employment? Right now, I have offer letter from desi consultancy. Wondering whether they have any controlling power on my H1B processing!! Hope you response gives me relief.
Cheers,
Kishore
Dude,
Congrats for your fulltime time.
No documents are required.
enjoy your new job and good luck.
Thanks for reply. Just another quick question. How Govt knows whether I have been unemployed for not more than 90 days without start date and end date of each OPT employment??
USCIS get updated from your School. As you are supposed to update your international dept reg your employer join date, their e-verify number.
Make sure you update your school when ever you change your employer, their e-verify number and your address. forget about your paystubs, as it can be voluntary work
Voluntary work is allowed only when there are other workers in similar position doing voluntary work. So one cannot work for company like Google voluntarily. But one can work for Red Cross voluntarily provided it is related to course work.
Payslips are required from your old employer. They should also issue a W2 for 2011. These documents will prove that you weren’t unemployed during that period.
I dont have any payslips as I havent got a project.
Yeah, I did inform my Univ about the job change, joining date and address.
As I dont have payslips, is my offer letter enuf or should I get relieving letter also??
Someone recently posted an experience on this blog that is related to yours. The person was on OPT for 27 months (OPT + Extension), then moved to H-1. His wife went for H-4 stamping and was asked to submit all payslips from the OPT period to see if the husband stayed in US w/o job for more than 120 days.
So IMO, make sure you have the payslips, else you may run into trouble in future.
Hello,
I am on OPT after my Bachelor’s, and plan to apply for new F1 visa next year for graduate school.
My question is on what type of documents do you need as a proof of employment when you apply for F1 visa after OPT? Are offer letters alone sufficient? Or, do I need to go further and show a number of hours worked and so forth? For example,
I am now working as an independent contractor for a company for a couple of weeks, but unable to get any business. Do I need more than the copy of contracts to prove employment when I apply for new F1 visa after my OPT ends?
Thank you.
Payslips are the best proof to show that you were employed and were regularly paid.
Thanks for the reply.
Would I be asked to submit pay slips or proof of direct deposit when I apply for F-1 Visa again?
I am in the middle of job switch, and I am volunteering in a non-profit clinic so that I don’t use up unemployment days. And the hours at the clinic fluctuates. And, I am a little worried that I may become “illegal” without even knowing.
They might ask it to confirm whether you maintained valid legal status in US or not.
Voluntary work on OPT is valid only if it is related to coursework and there are other employees in the company doing similar work voluntarily. It would be better to check w/ an immigration lawyer about your specific case and OPT job.
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