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Change of Status from F1 to H1B: Process, OPT, Travel

One of the most important things for an international student on an F1 visa studying in America is to find an employer and get an H1B visa sponsored.  Sometimes, due to macroeconomic factors, F1 students can have a hard time finding jobs. It could be due to things like recession or change in policies due to the change in ruling Government. Hence, changing from an F1 visa to an H1B visa can be very tricky. Besides, due to the H1B lottery process with very high demand for H1B visas, it can be more tricky. In this article, we will try to explain the typical process involved in converting from F1 to H1B, with and without OPT, and key things to keep in mind during the change of status.

F1 Student Path to working on H1B Visa in the US

Below are three of the most common paths most F1 students follow to work on an H1B Visa. They will take one of the below paths, not all of them.

  • Enter the US on F1 Visa >> Work on CPT >> Work on OPT >> Work on STEM OPT >> Change to H1B & Work
  • Enter the US on F1 Visa >> Work on OPT >> Work on STEM OPT >> Change to H1B & Work
  • Enter the US on F1 Visa >> Work on OPT >> Change to H1B & Work
MS, CPT , OPT, H1B visa
F1 Student to H1B Visa via OPT

The change of status(COS) from an F1 visa to an H1B Visa can be tricky and needs some planning. Let’s explore how you can plan and apply for the same.

Graduation on F1 Visa – Apply for OPT before Graduation

Typically, most F1 Students are eligible to get 12 months of Optional Practical Training(OPT) after graduation, unless the student has done 12 months of full-time Curricular Practical Training(CPT). If you are new to this, read What is CPT, OPT, STEM OPT? Differences. In order to work in the US in your area of education, after graduation, you need to apply for OPT. The OPT you use after graduation is called post-completion OPT or simply OPT everyone.

Apply for OPT 3 months before Graduation

One of the first things you need to do is plan to apply for OPT a few months before your graduation. You cannot work without having OPT. Usually, the OPT Processing time can vary anywhere from 2 months to 4 months. The processing times for OPT can vary depending on the USCIS overall forms processing times.

You can apply for OPT using the form I-765 with USCIS. You can work with your International Student Advisor or DSO(Designated School Official) to get help as well. DSO will give you a new I20 and update SEVIS about your OPT. You will file for OPT using that new I-20 with USCIS by paying the 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 the program date. This is very risky and not recommended as it gets much more complicated. So, do NOT delay and apply for OPT before you graduate.

Once you file OPT, you will get an EAD or OPT Card. Check Sample OPT or EAD Card

OPT Rule: Allowed Number of Unemployment Days

One of the most important things that an F1 Student, who is graduating and planning to work on OPT, needs to consider is the total number of unemployment days allowed for them on OPT or STEM OPT. Below are the unemployment days allowed by category of OPT as per regulation

  • General 12 months OPT: Total 90 days during the entire 12-month OPT period.
  • 24 Months STEM OPT: Total 150 days during the entire 36-month of STEM OPT period.

How do the unemployment days work? How are they counted?

When USCIS says, 90 days of unemployment for OPT students, it is cumulative and they count the days of unemployment between your jobs in the entire 12 months.

For instance, you worked for an employer for 3 months on OPT and you thought of changing jobs. Let’s say you quit your job after 3 months and then you start looking for a new job. Let’s say it took you 30 days to find another job(you did not work during these 30 days), now you have used 30 days of your total 90 Days unemployment period given by USCIS. Let’s say, if you quit after a month of working at a second job and then are unemployed for another 30 days to find a new job, then your total unemployment days will be 60 (30 from the first break, 30 from second break). These total unemployment days cannot exceed 90 days.

If you exceed the 90 days of unemployment, then you are technically not maintaining your F1 status and it will become a problem for you to apply for a change of status(COS) to H1B.

If you belong to a STEM degree and get 24 month OPT extension, then you get an additional 60 days of unemployment period, which totals 150 days of unemployment period allowed in a total of 36 months of OPT+STEM OPT. Similar to the above example, this is also cumulative and considered in the entire 36 months duration.

Find a Job before OPT to limit unemployment days

Once you graduate and your OPT starts, your clock starts ticking for unemployment days, if you don’t have a job. It is suggested that you find a job before graduation and start working on OPT right after your graduation. This will be very helpful for you to maintain your F1 Status. If you exceed the number of unemployment days, you will be considered out of status and it will create issues for you during the Change of Status to H1B. Read What is US Visa vs. Status?

Now that you understand OPT and STEM OPT situations, let’s dive into applying for H1B Change of Status.

What is a Change of Status(COS) from an F1 Visa to an H1B Visa?

Change of Status(COS) means that you are changing your immigration status from one visa type to another when you are within the US. In the context of F1 COS to H1B, you are changing from F1 Student Status to H1B Temporary Work Visa Status. The most important thing to understand is that a change of status can only happen when you are inside America.

Also, to apply for a change of status and get approval from USCIS, you must have maintained your previous status properly. In the context of an F1 visa student, what it means is that the applicant did not violate any status during his student visa status or on OPT. If you did not maintain proper status, your change of status request will be denied by USCIS.

Process to do COS from F1 Visa to H1B Visa

The process involved in applying the change of status(COS) from an F1 Visa to an H1B Visa is handled by the H1B Sponsoring Company. Usually, either the company’s in-house legal team or an attorney firm that works with the H1B sponsoring company will handle the process of COS.

It is important for you to check with the company that you work on OPT, if they plan to apply for H1B visa for you or not. If so, you need to plan the timing properly. If they do not sponsor H1B Visa, you need to find a job at a H1B sponsoring company so that they can file your H1B visa. You can check How to find H1B Sponsors – All options and  How to find H1B visa Sponsors in an Area for Job Search in USA ? for more info on the same.

The process to apply for change of status from F1 visa to H1B Visa is no different from general H1B application filing, the employer will indicate in the petition that it is a Change of Status application and submit supporting documentation related to F1 student’s status.

Steps involved in COS from F1 Visa to H1B visa

Below are the various steps that are involved in finding an H1B sponsor on F1 visa, all the way through filing COS to H1B Visa.

  • Step 1 – Find a Job at an H1B Sponsoring Company: You need to find a job at a H1B sponsoring company. You need to validate if the company you work on OPT sponsors H1B visa or not. You can check for H1B sponsoring companies at H1BGrader.com
  • Step 2 – Request for H1B filing when the H1B season starts: You need to speak to your company immigration team or HR and ask them to file for H1B visa registration and petition when the H1B season starts. You may have to remind them as well when you get close to the H1B season start date. Check H1B Visa Filing Timeline for FY 2024. Your employer would ask for documents, you would need to submit all documents needed for applying for the H1B petition.
  • Step 3 – Company files for H1B registration: The company that you work for files for H1B registration online during the H1B registration window. Check the complete H1B Registration Process, Lottery to know more.
  • Step 4 – Company files for H1B LCA: Assuming you are lucky and get selected in the H1B Registration process(usually there is an H1B lottery that happens as most of the years demand exceeds the supply), your company would need to file H1B petition on your behalf. For that, as a pre-requisite, they need to file H1B Labor Condition Application(LCA) with US Dept of Labor and get it approved. The H1B LCA has wage info, position details and lot of other info. Read what is H1B LCA, why file it, and salary info ?
  • Step 5 – Company files for H1B Petition: This is the step, where the company files for your H1B petition as Change of Status. The company or attorney takes the approved H1B LCA and prepares the H1B application package that consists of supporting documentation for H1B Petition.
    • As part of the H1B petition, the employer/ attorney would fill in I-129 Form, and in that they indicate that the petition is of change of status.
    • The change of status option is indicated in Part 2, question number 4, option 5. Your employer would select option ‘b’ as ‘checked’, if you are applying for change of status from F1 to H1B Visa. See the below screenshot on how it looks.
Change of Status - COS on I-129 Form - Part 2 - for H1B Petition
Change of Status(COS) Option on Part 2 of I-129 Form when filing for H1B Petition
  • Step 6 – H1B Approved with Change of Status: If the H1B petition is approved with Chang of Status, the applicant would receive an I-94 attached to the H1B approval notice indicating the change of status was approved. What this means is that the F1 student does not need to leave the country and can continue to work on an H1B visa starting from October 1st. I-94 form is the key piece of document that indicates that your status will be H1B Visa.
    • See below H1B approval notice with the I-94 that is attached to it.
H1B Visa 2020 Approval Notice - Change of Status - Sample - Premium Processing
H1B Visa Approval Notice – Change of Status with I-94 Attached

Travel outside of US after H1B Petition Filing as COS

You should not travel outside of the US after H1B petition is filed as change of status(COS). The simple reason for this is, when you travel outside of the US, after submission of the H1B petition, USCIS thinks that you have abandoned your current status and hence will deny the H1B petition’s Change of Status part.

In short, when you filed H1B petition as COS, you told USCIS that you are on F1 status, and want to change to H1B Status. Now, when you leave the US, there is no concept of status for the applicant as they are not in the US. So, USCIS considers that the applicant has abandoned the status and hence they will deny the change of status part. They will approve the H1B petition, if it meets all the requirements, but will deny the Change of Status part. You may read What is H1B Change of Status vs Consular Processing for a general understanding of other options as well.

Hopefully you got an idea of the F1 to H1B Change of status in the US. If you are starting your career, you may read F1 visa to H1B visa: Consulting Career? Pros and Cons of consulting ?

   

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653 Comments

  1. Need help
    Hi this is Rajesh
    Recently, I applied for my opt card before the graduation i got the card.
    But i cannot complete my graduation in fall i left with one subject .
    I have opt card it start from the January month.
    Want should i do now ?
    Should I start working and how many hours can I work will studying with the one subject.
    Another Question can apply for the H1B in this march. Any problem will be there with out completing of my studying.
    Thank you

    Reply
    • Rajesh,
      Speak to your DSO and see what can be done. You can use some of the OPT as pre-completion OPT, but can be tricky.
      Yes, you can apply for H1B, if you will graduate by May and have he paperwork.

      Reply
  2. Hi,

    I am currently on F2 visa, my husband is on F1 visa. His COS will be applied on April 2023, can i apply for H4 along with his COS or should I wait? Does sponsoring company for H1B can add dependents also?

    Reply
  3. I am an Indian working in US on F1 OPT . My employer had applied for my H1B which was approved in 2019. But since my OPT was valid till 2021, I did not get the H1B activated. I want to get it activated now. What is the procedure to be followed and how long does it take ?

    Reply
  4. Hi Kumar,

    Please assist.

    My husband H1B 2021 got approved for 3yrs. He is planning to come to india in Sep last week due to medical emergencies.
    As we know that the status will change to H1B from Oct 1st. Will his travel effect the change of status?
    Can we go for stamping after oct or after dec ?

    Reply
    • Swarup,
      It will not matter as he will be out of the country. He can use the approval notice for getting H1B stamping in home country.

      Reply
      • Hi Kumar,

        My H1b was picked in the second lottery on August 14, 2020. I am working on STEM OPT and currently in India.
        Can my company request for COS? Also, can I apply for H1B stamping in October 2020?

        Reply
      • Hi Kumar,

        I am on F1 OPT and picked for H1b this year under change of Status.

        I am planning to go to India for stamping on December. Will I am be able to get stamping and do I fall under h1b ban case?

        Reply
        • Anshul,
          This is not clear because you are going to change visa status, so it is slightly grea area. It is best to wait and go in Jan to avoid confusions. You can email consulate to get clarity.

          Reply
  5. Hi! This is Ayush.

    I have filed for H1B in April 2019 with change of Status.
    Eventually i got an RFE in Sept 2019 and i sent the documents by Nov 2019.

    My visa got approved on Dec 19th 2019.
    However, the i-797 approval notice says the visa validity from Oct 2019 to Mar 2022.

    From Jan 2020 the Social security and Medicare taxes are being deducted from my paycheck but they are not deducted between Oct and Dec 2019.

    Am i supposed to pay those taxes (Social security and Medicare) from Oct 2019 or from the date of approval notice – Dec 19th 2019.

    Thanks for your help.

    Reply
    • Ayush,
      You need to discuss with your employer and get this sorted out. Also, call USCIS, if the effective date of the H1B was really Dec 19th or before…The reason is, they do not usually backdate the approvals…So, after verifying with USCIS, then speak to your employer and you may need to pay them, if needed and put in explanation for the reason as well.

      Reply
  6. Hello,

    Currently working to apply for change of status from F1 to H1B. Currently working on OPT status. Will I get a 60 day grace period to try my option B(apply to grad school) if the H1B application does not go through?

    Regards,
    Aggrey

    Reply
    • Aggrey,
      You get that option, only if your F1 is valid at that time…Usually you get 60 days grace period after F1 OPT end date.

      Reply
  7. Hi,

    I’m working in Chicago currently and my H1B is approved, where the status is changed from L1(student) to H1B(Immigrant worker) and started from October 1,2019, received the approval documents. What is the process of getting it stamped in India from now. Should I schedule a date for OFC appointment and Consular appointment.

    Thank you

    Reply
    • Teja,
      Yes, that’s the process. Go to USTravelDocs website, it has full process. You need to fill DS-160, book appointment, then go for stamping…

      Reply
  8. Need help!

    H1b response received : 27th september

    H1B counselor processing approved : 3rd October

    Approved till January 2020.

    I was working with the client till July 5th on my cpt (11 months, no violation, second masters first time cpt, opt not availed during first masters). I am on leave with the end client. I applied for opt but I have received opt rfe. I have not replied yet for my opt rfe. My end client is not providing a client letter until I join them back. My employer is asking me to travel to India & get h1b stamping as it was not filed under change of status. My h1b will only start when I get my stamping. I have heard that without end client letter stamping is not possible. What are my options?

    Should I reply to my opt rfe, take approval, start working obtain client letter and then go for stamping? Is that a good option or will my OPT be rejected as my h1b is approved under counselor processing?

    Any help is appreciated to the best of your knowledge & experience. Thanks in advance.

    Reply
  9. hello i got my H1B approved with I-797A starting from 10/01/2019. but i did contacted my university DSO they told my SEVIS is still active status. what should i have to do now then i am in H1B or F1 since my H1B already stated from October 1 2019

    Reply
  10. Hi,

    I am in my STEM extension which is valid till June 2021. Few days back my H1 approved (only for 4 months) but change of status denied. Can I continue working in united states on my STEM status till June 2021 or do I need to go to home country and get stamping done and convert into h1?

    Reply
  11. Hi guys,

    Currently I am on F-1 visa. I got my H-1B visa (change of status) approved this year. I appreciate the help provided by this forum in answering my questions.

    I want to plan a trip to India in the second week of October. Is possible to check the visa appointment dates at the consulate before filling DS-160? If I complete DS-160 and don’t find any available appointment in the said period, I won’t be making a trip. In that case, do I get the DS-160 fee refunded?

    Reply
  12. Hello,

    If at all the H1B visa got rejected or is not picked in the lottery, Can I continue to work with my OPT status under the F1 visa duration?

    Reply
  13. I have received my H1-B approval notice with Change of Status, and my approval notice states that my H1-B status starts from October 1, 2019.

    Do I need up get my i20 updated to reflect that I will be in H1-B status (and not OPT)? Do I need to update anything on the SEVP portal?

    Reply
    • You need to inform regarding the approval to your DSO, they will update the approval status. On Oct 1st, it will automatically change. No need to do anything from your side.

      Reply
  14. Hello,

    i am currently on my OPT which expires in August 2020. My h1b approved with change of status starting from Oct1st with another employer. can i work for my current employer for a week after oct 1st? As my status automatically changes from F1-OPT to H1B from Oct 1st i am not sure my OPT is still valid?

    Thanks in advance.

    Reply
    • OPT is only valid for F1 status, on Oct 1st, your status changes. So, you will be automatically in H1B status on Oct 1st and cannot use OPT from then. You can only work on H1B visa.

      Reply
  15. I ‘m working on F1 Opt status, my wife is on f2 dependent visa. my h1b has been approved on May 31st 2019 which is valid from oct 1st 2019. I’m planning to visit india in november 2019. Can you let me know the process & documents required for h1b & h4 stamping in India.

    Reply
  16. Hello All,

    My H1B got approved on July 31st (from uscis case status). But I didn’t get the approval notice yet. Do you know how long it might take? Also should we contact uscis regarding this?

    But I have to schedule visa appointment in India, for stamping, since I’m planning to go to India in October. Do I need the approval notice for appointment? And for stamping?

    Thanks.

    Reply
    • It can take couple of weeks at max. You can start the process, you may need to fill out some of the details as it appears on the approval notice to be sure…so, better to wait for a week or so and then do it. You can start on it and keep it in draft.

      Reply
  17. Hello,

    Could you please tell me from when exactly does my company need to pay the stated prevailing wage in LCA form?

    My case was approved on 8/5/2019 for change of status, from F-1 to H1b.
    Could you please tell me from when exactly does my company need to pay the stated prevailing wage in LCA form?
    Period of Intended Employment in LCA form: 8/7/2019 – 8/7/2022
    In 797A: Valid from 10/1/2019 to 8/7/2022
    I-797A Notice Date: 8/5/2019 and received it on 8/15/2019 from the lawyer.
    The last payroll pay date is 8/16/2019 (for period 7/29-6/11: Bi-weekly) that it’s already sent the money.
    I tried to get information about this, but I couldn’t. Do you know where I can find the information?

    Thank you so much in advance.
    -Mukko

    Reply
    • Your H1B starts on October 1st, that’s when they are obligated to pay you the prevailing wage. Before that you are not on H1B status, so your LCA data does not apply.

      Reply

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