One of the main things for an international student on an F1 visa studying in America is to find an employer who can offer both work and H1B visa sponsorship. Sometimes, due to macroeconomic factors such as recession, changes in the political environment, etc., F1 students can have a hard time finding jobs. Also, due to the high demand and the H1B Visa lottery process, the transition from an F1 visa to an H1B Visa can be tricky.
In this article, we will try to explain the typical process involved in converting from an F1 Visa to an H1B Visa, with and without Optional Practical Training(OPT), and key things to keep in mind during the change of status(COS) within the USA from F1 Visa to H1B Visa.
F1 Students Usual Paths 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 paths below, 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
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.
The first thing you need to plan is applying for OPT as it is an important prerequisite step for you to do COS to H1B Visa. Let’s look at that now.
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.
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’ by everyone.
Plan to 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 3.5 months to 4 months. The processing times for OPT can vary depending on the USCIS overall forms processing times. You can check VisaGrader F1 OPT Processing times to get a view of history of 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 Rules: 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 Start Date 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 Visa 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(COS) 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.
High Level Process to do COS from F1 Visa to H1B Visa
The process of applying for a 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 handles the COS process.
It is crucial 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 prepare and time the H1B visa filing correctly. 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.
Your employer would usually submit H1B registration with USCIS and after you are selected in H1B Lottery, they will go through the steps of filing H1B petition with USCIS. This is where the COS related steps happen.
The process to apply for change of status from F1 visa to H1B Visa is no different from general H1B application filing. The employer, when filing the H1B petition will indicate in the petition that it is a Change of Status(COS) application and submit supporting documentation related to F1 student’s status. Let’s look at the detail steps below.
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 2025. 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.
- 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.
Travel outside of the US after H1B Petition Filing as COS
You should not travel outside of the US, if the H1B petition is filed as change of status(COS) application. The simple reason for this is that 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 ?
Dear Saurabh or whoever will help me understand my situation,
My situation: my OPT will end in June 26, 2012. I have been working with my company since August 2011. My company did not promise H1B sponsorship but now have decided to sponsor me for H1B now. I will start working with the HR department for H1B filing.
As I read the comments about the Cap-Gap, I understand that if I file for H1B on April 1, 2012 I will be qualified for the Cap-Gap and can stay working until when my H1B application is approved. Please correct me if my understanding is wrong.
Thank you very much,
Nhat
That is a correct understanding. Make sure H-1 is filed w/ COS w/ start date of Oct 1, 2012 to be eligible for cap-gap. This would allow you to stay and work until Oct 1, 2012 or H-1 denial date (whichever is earlier).
Thank you very much Saurabh.
What does it mean H-1 is filed w/ COS w/ start date of Oct 1?
I understand that Oct 1 here is Oct 1, 2012 but what is w/ COS w/.
Thanks again and have a good night,
Nhat
COS stands for Change of Status. When applying for H-1, one can mention it as with change of status (w/ COS) or w/0 COS (aka consular processing). Only when the petition is filed as former, does one become eligible for cap-gap.
Change of Status means that your status would change from old visa status (in this F-1) to new visa status (in this H-1) from the approval date (which would be stamped on the I-94 that would come along w/ approval notice).
Does that clarify?
YES! It is Clear!! Thank you very much Saurabh!
In the future when I prepare the app. I will have to ask many other questions too, but I hope the company lawyer is here for help with that.
My question now is that for Oct 1, 2012, is it a lottery system or first come first in?
The system would work just like this year. They would continue to accept petitions until the quota is reached. They would conduct lottery only if received petitions go over the quota.
Hi,
My OPT expires on January 9, 2012. My company applied for H1 visa on August 29, 2011. The USCIS website still shows Initial Review. Its been 3 months now since my application. What are possible options I have to continue working in the US. The wait is literally frustrating now. Please advise.
Regards,
Tim
As your OPT is about to expired soon, you can either file for OPT STEM extension, or have your petition upgraded to premium processing. USCIS would adjudicate it within 15 calendar days when upgraded to PP.
Hi Saurabh,
Thank you very much for your prompt response. I read about some cap gap.Can that be applicable to my case. I understand its a difficult question but how long more should I wait for CSC to process my application.
Thanks ,
Tim
Cap-gap extends one’s status only until Sep 30. So it’s not your applicable to your case.
At times processing can take more than 6 months. Talk to your employer/attorney about upgrading to PP.
Tim,
you have your OPT till Jan 9th 2012.
So you can work till that date.
If you are eligible for opt extension, please apply right away, if not try to do premium .
If you don’t get your H1b status by Jan 9th, you are not supposed to work but you can stay in USA till you get a decision on your H1b.
Good luck
HI,
My OPT going to expire on FEB 14th 2012.i have tried to file h1b but applications get closed.
Please help me what i have to do in this situation.
Kindly give your suggestions.
Thanks&Regards
Srinivas
Your employer can file H-1 petition on April 1, 2012. As you will be in the 60 day grace period that follows end of F-1/OPT, you should be eligible for cap-gap. However, check w/ an attorney as well.
Hi there,
I am currently on Opt that expires on March, 03, 2012. The law firm filing my h1b petition did not get it in time before the cap was reached this month (Nov 2011). Can I still take a shot at the 2012 application period? If the law firm tries again to apply on April 1st 2012? How will that work with my job? Will I be able to work once my application gets submitted on April 1st? Any feedback is greatly appreciated. I am really bummed about the petition not being sent in on time. Im hoping an praying that I will be able to take a month off from work in march of 2012 (or work for free which I’m more than happy to do) and that when the law firm files my h1b petition in April 1st I will be able to get some sort of extension. I have not found much on the Internet regarding this subject though.
If your employer is e-verified, then you can apply for OPT extension (provided your education was in STEM).
If not, you will be on your 60 day grace period. An employer can file H-1 petition for you on April 1, 2012 and you can continue to stay and work on basis of cap-gap. You can do this until October 1, 2012. If your H-1 is denied, then you will have to leave US after the 60 day grace period. You can check w/ your lawyer as well about this option.
Thanks so much for your quick response. My education was not in STEM but you are saying I will be able to work from april 1 2012 to october 1 2012 on basis of cap gap? Will I have to not work from march 03 to april 1st then? Thank you so much for your insight. I really appreciate your help
Yes, you cannot work until Mar 31, but can work thereafter on cap-gap.
Here is official information on cap-gap.
Also, talk to an attorney just to be sure that my understanding is correct.
Hi,
there is a correction.
your OPT expires mar 03 2011.
you will have grace period for 60 days
If your employer files H1b within that period and U get receipt from USCIS, U can stay in USA till the decision. If you get your H1b, you can start working only from the date mentioned on your I 797 approval notice. ( usually it will be Oct 1st 2012)
from Mar 04 2012, you are not supposed to work.
Sorry, I was wrong. Kishore is right. As you will be in the 60 day grace period when H-1 is filed, you can continue to stay in US, but cannot work.
Work authorization is granted during cap-gap only if a person was still in OPT period at the time of I-129 filing.
Saurabh is correct, but a small correction.
Make sure your employer file your H1b petition by April 1st week.
You can stay in USA ( but cannot work from your OPT end date)
Onc eyour h1b gets approved, you can start working from Oct 1st onwards.
Make sure you notify your international department. as they will issue your new I 20.
HI there,
I am on F-1 status/OPT, which expires on Jan 30, 2012. The paralegals submitting my application on behalf of my company experienced multiple delays, which led to an attempted submission under H1B today, only to find that the cap has been reached for the year.
As I am a Singaporean citizen, I am eligible to file under H1B1. However, it is unlikely that I’ll receive approval before my OPT/F1 is up on Jan 30, 2012.
What are my options now? Am I eligible for cap gap? Will I have to leave the US after Jan 30, 2012 and file for H1B1 on my own?
Additionally, I had planned to travel home to singapore between mid Dec and early January. Is this still feasible?
Thanks so much for your time.
You are not eligible for cap-gap. Your company can file the petition w/ premium processing so that USCIS adjudicates it within 15 calendar days, well before your OPT expiration date. In case RFE is issued, USCIS would take another 15 calendar days to review the RFE response.
Do not leave US while your H-1 is filed and is pending. Once H-1 gets approved, you can travel outside US. However, you will have to get H-1 visa stamped in passport to return to US and work on H-1.
no need to leave US after Jan 30th 2012. You have 60 days grace period.
As Saurabh told, make sure your employer file under premium process
I am starting OPT on january 2012. I am from Mexico and after I graduate this December from San Diego State University. I will be working for a company in San Diego. It is a produce (vegetables) import/export distributor. It is a large company which sells about 100million per year. I have a great job offer and the employer adviced me to start looking for visa options (they are willing to sponsor me). The company has seen great potential in me and needs a Mexican who they can trust to deal with the growers in Mexico and that has skills to manage clients such as Walmart and Costco, I also have experience working in this field in MExico. My question is: With my bachelors in International Business from SDSU am I elegible for the H1B visa? When do I need to file for the H1 considering my OPT end date is 12/31/2012.
I assume you are not eligible for OPT extension.
make sure your employer files your H1b petition on april 2012
Hi,
I started my MBA on an F1 visa two months ago and I will graduated within a year. However, I am being offered to be sponsored by a company to work with an H1b work visa. It is to start this December in another state in the US. Can an F1 student that is currently studying quit school, accept a job offer and change to an H1B visa status?
You have been on F-1 status for 60 days now. When applying for H-1, you will have to apply for COS as well, so that you can start working on H-1. Chances of COS approval are most when one has spent at least 90 days in US on prior non-dual-intent visa (like F-1 or B-1) and least when one has spent less than 30 days. Yours will be somewhere in b/w.
You can try to file H-1 w/ COS from F-1 to H-1 and if it gets approved start working on H-1. If it doesn’t then you can continue your studies on F-1. As quota is close to getting filled, the company needs to hurry up.
Thank you Saurabh! Sorry that I didn’t reply sooner. Since the selection process in the company I mentioned to you has been temporarily suspended, I want to apply for a CPT in another company. I just finished my firs academic year (fall and spring) and I graduate in less than 8 months (in December). I have a silly question for you: if I do a part-time CPT for less that 12 months while I am studying, can I still do my OPT for the full 12 months after my graduation? I am afraid that the CPT time will consume my 12 months of OPT. Thank you very much in advance.
AV,
I am not sure. Check w/ your DSO.
Hello,
I got MBA in marketing, and I am on OPT which ends in January 2011. My current emlpoyer is willing to apply for H1B for me but when we were consulting with the immigration attorney, she mentioned that the refusal rate for Marketing specialists working in a SMB is relatively high.
I was wondering, what if my application gets rejected, is it possible for me to apply for F-1 again – for some different program? Or, will my file get flagged? Thank you!
You can apply for another Masters program. Your file will be flagged if USCIS determines that you didn’t maintain legal status or were involved in criminal activity etc. If your petition is denied b/c of your role and position, then it wouldn’t adversely impact your future filings.
Hi,
I am wondering that if someone is on f1 opt and they apply for h1 but get rejected … will they remain on f1 for the remaining duration of their opt period? and will they be able to resume their studies without having to go back to get visa restamped?
They would remain on OPT. H-1 denial will not impact your OPT status.
Hi there,
My brother is on OPT and got it extended till 2013 in november 2011.He graduated in december 2010 and started working as a consultant for a US firm.
He wants to travel on OPT to india once and fly back and then apply for H1-B visa.
Request you to suggest if this is a safe bet .
thank You,
Regards,
JN
Hi,
I did my Master here in USA and currently I am on OPT. My F1 visa will expire in 2013 and OPT in July 2012. I am planning to visit Pakistan and I am confuse should I have to go OPT status or change it to H1 and then I should go. I know both ways are risky. Need your suggestion which is more favorable.
Thanks
You can travel in and out on F-1 visa stamp while working on OPT. Going for any sort of new stamping might be risky (if you might be having a common Muslim name).
You can also make the trip on F-1 and OPT even if you have H-1 approved w/o COS. You don’t need to go for any stamping, so it would comparatively safer bet.
Hi,
I am currently pursuing my PhD. I have completed my masters from a different university and used up my OPT then. Now I have a full-time offer and would like to take it up. The company will be filing for my H1b right away. I wanted to clarify if I can start working right from the day the H1b gets approved? Do I have to get back to India for stamping? Also, I would like to know the problem if the H1b approval gets rejected?
If your H-1 gets approved w/ COS then you can start working on H-1 from the approval date. You don’t need to get H-1 stamped immediately. Basically, you are fine as long as you are within US. Next time you leave US and want to return on H-1, then you will have to get H-1 visa stamped and then enter on that visa stamp.
Thanks Saurabh. I have one more clarification. Since I am discontinuing my PhD, what do I show on my resume that will be sent to USCIS that I have been doing in the last 18 months. Kindly do let me know if I can mention pursuing PhD on my resume and write a note stating I am discontinuing or is it ideal not to put anything on resume.
They would know about your studies as you are in US and they have information about your I-20 and I-94. So there is no point hiding it. You should remain truthful.
Hello,
I’m on F-1 OPT, with a job, and wish to go to India for my brother’s wedding. My employer suggested applying for Advanced Parole but as my F-1 visa expired back in 2010, he suggested me not to go as I would have to go through the entire visa process all over again and mentioned that they would reject it in spite of having a job in US, because of the current job market.
Is there any way I can still go and come back without having any immigration issues? Kindly advice.
Hi,
I graduated in August but because I had not yet got a job offer, I decided to enroll in another course in my university in D.C. instead of applying for OPT (I have 5 years of work ex so i thought time might be well spent doing another course). So my new I-20 is valid through June 2013. However, one of the companies I had applied to has given me an offer and they are willing to process my H1B right away and I am really keen on joining them.
Is it ok for me to accept this offer right away and leave the course I had enrolled in? Basically, can the university object? Also, since I had not applied to OPT, can I only start once H1b is stamped or can I start once company has applied for an H1b for me and received a receipt from USCIS.
The employer can file for H-1 w/ COS. Once COS is approved, your status would be H-1 and you can start working on H-1 from the approval date. You don’t need to get H-1 stamped until you travel out of US next and want to re-enter on H-1 visa stamp. Once your COS is approved, your school cannot object. Lot of students leave the studies in b/w.
Hi Kumar,
I am on OPT and I recently got offered a job. Later, they found out that they overlooked my immigrant status during the interview stage. Can they deny me a job just because I have an expiration date?
Yes, they can. You can try to explain them that your OPT can be extended (if the employer is e-Verified) or H-1 can be filed. If they still don’t want to hire you, then that’s their call and you cannot do anything about it.
Thank you Saurabh,
I did accept the offer and they told me if I realized that I would not permitted to work for them after the expiration date. I said yes, but they are still hiring me.
I asked you this question, because on the first paragraph of the I-9 it says-
“The refusal to hire an individual because the documents presented have a future expiration date may also constitute discrimination”.
It is a large organization so I am guessing they knew about this rule so could not back out after the offer was made.
Happy Halloween. Belated Diwali.
I read the form, and you are correct. It does say that one cannot be discriminated because of a future dated expiration date. OPT extension needs to be filed by you and not the employer, so you can let them know about the extension and file the same. Hopefully they would be ok w/ it.
Happy belated Halloween and Happy belated Diwali to you as well 🙂
Hi guys,
I need your advice. If I change my status from F1 to H1 here in the United States and then go back to my country to get a visa stamp, is there any chance they can deny me? I also changed my status from J1 to F1 while being in US to get my Masters. I don’t know if it can negatively affect me.
And I still don’t get it: if you get approved for new status, does it guarantee that they give me a visa as well?I mean employer pays money for sponsorship and it would not be cool in regards to employer to deny me, but who knows what embassy thinks. I don’t wanna risk my future.
Thanks, I will appreciate your input.
It is very much possible to get denied during stamping even when your petition has been approved by USCIS. It sucks, but that’s how the system is working right now. Unless you are sure that your stamping would go through (filing through a reputed top-rated company) and there is no urgent need to travel, it’s better to avoid traveling outside of US. Even if you do, ensure to have back-up plan in mind.
Hi,
Currently i am working in L1 visa, But I have applied for change of status to H1 on 3rd of august,
The status still shows initial review, am I supposed to work in the same current company after Oct 1, If yes then how long???
How long it will take from intial review status to complete approval process??
I would appreciate for the earliest response
Thank you
You need to work for L-1 employer until your H-1 gets approved w/ COS. Thereafter you need to work for the H-1 employer from the H-1 approval start date. In case your L-1 gets expired in b/w (I-129S or I-94) then your L-1 employer needs to file for extension or you will have to leave US.
H-1 processing may take 2-6 months. If you upgrade it to premium processing, then it would be adjudicated within 15 calendar days.
Hey. I am a Canadian who studied in the USA, got OPT approved and then H1B approved to start October 1, 2011 and have been working since my H1B was applied for due to the Cap-Gap. I was wondering if it is fine to leave the US for Canada on September 30 (for a cousin’s wedding) and then enter the US on October 3, 2011? I have my approval notice and passport and everything, but just wondered if there is anything else that I need or that I should know? Thanks again.
To return and work on H-1, you need to enter on stamped H-1 visa. So you may have to go for visa stamping before returning to US on H-1.
I’m currently on F1 VISA and my current salary is less than the minimum for H1-B. My employer want to file my H1B. So the salary change will come into effect after the H1B is filed or after it is approved?
Once your H-1 starts, your salary needs to be at least what has been specified in the LCA. It’s not based on filing, but actual H-1 start date.
Thanks for the reply Saurabh. In that case I think it would make sense for me to go for premium processing. That way my salary hike will take effect sooner?
Also, just to add, I will be filing for H1B after Oct 1st. So I think it will take effect as soon as it is approved.
Yes, that would mean your new salary would come into effect sooner.
Yes, it should come into effect from the date your H-1 is approved.
Hi! I have applied for H1B on June 10th and received the receipt. My 17 month STEM-OPT expired on July 10th 2011 and automatic CAP-GAP extension has begun from July 10th valid upto Sept 30th. My H1B petition with USCIS showed up a DENIAL decision Online on 21st Sept and I have not received the papers yet. I am on 60 day grace period to depart US from 21st.
Can I reinstate my F1 status by getting an I20 from another University?
Is my SEVIS transferrable once I have a valid I20?
I have contacted a university and the earliest date next semester will start is January 1st, but my 60 day grace period will end on Nov 21st as H1B petition denied on sep 21st. If they issue me an I20 next week for the Next sem and I apply for F1 reinstiation to USCIS can I possibly get approved for F1 now?
Please Kindly suggest. I am Completely confused.
Hi
I am a PhD and currently on OPT with company A (e-verified) which ends on oct 31, 2011. I got a job with company B (not e-verified) starting Dec 1, 2011 and company B is planning to apply for my H1B premium processing. I have applied for STEM extension with company A so that I can work in November 2011, and this will mostly get approved. Both companies A & B do not fall under the H1B quota system. suppose that both my STEM extension with company A and my H1B with company B get approved, my question is the following:
I have about one month of paid vacation that I have accumulated from company A, which i am planning to take in December 2011. During this time I do not have to go to my company A office but just fill up my time as paid vacation. But I am planning to join company B on Dec 1. This means that company B will start paying me from that date. I will inform company A that I will be quitting my work on jan 1 2012. Will this create any problems with cashing my paid vacation from company A in december?
Yes it will. Once your H-1 starts w/ B from 1st Dec, you only need to be paid by the B and no other employer. So you cannot get a payslips from A in Dec while working for B on H-1.
If A is ready to pay you for those paid leave in a lump-sum then that would be better and you can take that as a final settlement while leaving A on 1st Dec.
Hi Saurabh
Thank you very much for your quick reply. Are there any exceptions to this rule- that one cannot get paid from another company while on H1-B? Where can i find rules and regulations on H1-B?
Regards
There is no exception. When on H-1 you can only get paid by the employer holding your H-1 petition. You can search for them on DOL and USCIS website publications or go through online forums where there are several posts on this topic.
Hi,
Im currently on cpt looking forward to apply for H1b, I have got some company who is willing to do it for I wanted to ask can I continue to my studies after few months being on H1b.
You can study while being on H-1. However, being on H-1 means your primary responsibility is to maintain H-1 status, for which you need to be employer full-time. As long as you are able to maintain H-1 status, you can study by the side.
Hi,
I am currently working for company A, but my pay-roll runs under company B. At the end of each week A pays to B, which in turn pays me. Right now I am in my OPT extension, got it extended under the company B since its a e-verified company. Today, I got a full time offer from company A which is not a e verified company. So, my questions is can company A apply for my H1B meanwhile I continue working for company B. Thanks for your time and reply.
Yes, that is possible. Once H-1 is approved, you will have to start working for A directly w/ no B in b/w.
Sorry, for bothering you again. I came to know that, if you get back your H1 filing receipt you can put that as the starting date and start working for company A. Is this true? Thanks a ton for the reply.
As you are on OPT, you cannot work on H-1 for A until H-1 gets approved. What you can do is work for A on OPT. You would need to inform your school about change in employment and then start working for A on OPT. Once H-1 gets approved, you can start working for them on H-1.
Hi ,
I used 66 days of my 90 day OPT period before finding my first job. Then I found another job and my employer filed my H-1 (receipt date Aug 26). I could not start my working till Sept 14 and this duration between my last day at previous job and new job was 31 days. So will I still be considered as being exceeding 90 day un employment period though I already had a job and my H-1 was under process ?
Thanks
Unpaid days are counted towards those 90 days. So if you were not paid for 90 days, then you have gone over the limit.
Thanks Saurabh,
In my case the delay in joining was due to employer. Employer postponed my joining by 2 weeks, I have documented proof in this regard.
Please advice
Regards
Vinayak
Doesn’t matter. In the end count of unemployment days would include that irrespective of who was at fault. However being on F-1 you get 60 day grace period. Although I am not sure, I think it may still be ok as your H-1 petition was filed while you were still in authorized stay (i.e. 90 day unemployment hadn’t occurred). Talk to an attorney to be certain about it.
Thanks Saurabh,
I consult an immigration lawyer from a very reputed law firm ( $200 for 20 mins), and I was told that it is very minor violation and it can be ignored. What I was told is that it is not a big deal. I don’t know. Still confused..
An opinion from a subject matter expert definitely counts more than mine. If a reputable attorney says it would be fine, I guess it would be. Your employment day count would be 97. So it seems like 7 day is not a big deal and USCIS will either overlook it, or it’s something that can be reasoned later.
Hi,
I am in capgap, my H1b was applied on Jun 2nd. As of now it is in initial review process.
My current status is valid till Sep 30th. Can I work from Oct 1st as my H1b is in review status?
If I apply to some university now and get into f1, and before Sep 30th if my H1b gets approved, will my F1 ( with the new univ) gets cancelled automatically or I need to apply for h1b to F1 change of status?
Kindly help me
Regards,
Kishore
You cannot work post 1st Oct if your H-1 hasn’t approved yet.
Hi,
I was wondering if it’s possible to leave the US while you are waiting for the h1b visa to be approved or if I have to stay in the country until I recive it? My opt has expired so right now I’m just waiting for my h1.
Thank you!
If you are eligible for cap-gap, then you can stay and wait for your H-1 (until 30th Sep). If you are not eligible for cap-gap, then you have to leave country within 60 days (that’s the grace period provided to people on F-1).
No I already know that. I applied for my h1 a week ago and I’m wondering if I have to stay in the US until I get my visa, or if it’s ok for me to leave and wait for it abroad.
Thank you.
If you leave US while your H-1 is in progress, then COS will be abandoned. You will have to get H-1 stamped from your home country in order to return to US and work on H-1.
My H1 is approved so I will go to India for H1 stamping in November month.And my OPT is valid till august 2012.So in the worst case if i have any problem with my H1 stamping than can i enter into US on my OPT status?
Was your H-1 approved w/ COS? If yes, then you will be on H-1 status from the approval date and not on OPT. Your SEVIS entry needs to be updated by your DSO. I don’t think you can enter on F-1 and work on OPT after that. If it was approved w/o COS, then you would remain on OPT and probably can re-enter on OPT (provided you have endorsed your OPT for travel and have unexpired F-1 visa stamp).
You should also check w/ someone else on this.
Hi, I am on F1 OPT and from Singapore so I would be eligible for H1B1. My OPT expires in January 31, 2012. Is it too late to apply for H1B1 now? Is there an official ‘start’ date for H1B1 or can I apply and start at any time during the year?
Please reply as I have been unable to find this answer anywhere online!!
Thanks!
The quota is still open. The earliest start date is 1st Oct 2011 or beyond (but it cannot be more than 6 months in to future).
Hello,
I have got an approval in June, but start date is from Oct,2011. Now can i change employers, if yes, will i go back to OPT or continue with a h1b transfer.
What would my status be during this duration after getting approval and before start date.
You are on OPT until 30th Sep. So irrespective of whether you change employers or not, you will remain in OPT (technically cap-gap period assuming your H-1 was filed and approved w/ COS) until 30th Sep.
You will be on H-1 from 1st Oct, but your current petition is w/ your current employer. If you change employers, your new employer needs to file another H-1 petition for you, so that you can work for them beyond 1st Oct. If they don’t file another petition, you can go back to current employer and work for them on H-1 from 1st Oct onwards.
Hi,
I have completed my MBA in USA, I just filled for OPT, if approved OPT will valid till August’2012. my question is if i applied for H1B in April’2012, in the worst case if my H1 reject, my F1(OPT) status remain continue or will cancelled. H1B petetion i need to apply on behalf of F1(OPT) or seperately.
pl clarify my doubt.
thanks and regards,
If your H-1 is denied, you will still be on OPT and can stay and work until OPT expiration date (another 60 days grace period for F-1 students).
If you plan to start working on H-1 soon after your OPT expires, then it needs to be filed w/ COS. Otherwise you can have it filed w/o COS, and then go for H-1 stamping and enter back on H-1 to work on H-1. You won’t have any cap-gap available to you in the latter.
Hi,
I am currently working on F1-OPT which is valid until 10th August. I have an H1-B approval notice with change of status from July 11th, 2011. I want to make a trip to Canada from 1st July to 4th July without having to get visa stamping.
Q1. Will I be required to get H1-B visa on my passport since I will be entering within 10 days of the change of status? Like I said, my OPT is valid until 10th August.
Q2. If required to get H1-B visa stamping, can I get it done in Canada or will I have to go to India(home country) to get it done since this will be the first H1-B stamping?
Thanks!
Hi,
I just graduated in Jun 15. I got a job offer 2 days ago and they want to sponsor me and start me right away. At the same time, I am about to get marry to a US Citizen in a month. My question is between applying for green card through married and Applying for H1B visa, which one will take less time??? Since I will work as unpaid intern until I have my work permit.
If the employer files H-1 now, the earliest you can start working is after 15 days (assuming your petition is filed and approved w/ COS and premium processing). However, the employer still needs to prepare the petition, advertise the LCA etc which may take up to 2 weeks of work even prior to filing the petition.
GC for spouse is usually always available, and there is not much wait time. But I don’t know what the usual process and time is.
What I do know is working as GC holder gives you better employment opportunities than working as H-1, and it’s cheaper to the employer as well.
Hi
I am graduating on June 25 and I still have not recived my EAD card, but I have expediated the request on 15th june and I got the reply that I will get the decision in 30 days.
That still leaves me with 20 days.
My employer applied for my H1 in premium processing and I have H1 approval which will kick off in october.
Any suggestions what should I do to get my OPT card asap.
Should I stop my payroll or is there any other option?
If you haven’t received your OPT card, then you cannot work, as your current work authorization (which I suppose is CPT) is no longer applicable once you graduate.
There isn’t anything else you can do to speed up the process. Check w/ your DSO to get more opinion.
Thanks for your answer but since I already have H1B approval so does my H1B approval notice will be of any help to continue?
Can I ask my employer to hold my payroll till I get my EAD card which should not be more than 20 days after my garduation?
I also have expedite my request with USCIS and I got the reply that I will be given a decison within next 30 days. They didnt ask me any supporting documents.Should I contact them again?
Thanks
Shalini
Your H-1B notice allows you to work after 1st Oct on H-1. You cannot use it to work now.
I don’t think its legal to continue to work prior to OPT, stop the payroll, and then ask employer to pay back wages.
You can contact them again, but they may not have any updates for you as they have already told you that they would process it within 30 days. When is that deadline?
Can I ask my employer to hold my payroll till I get my EAD card which should not be more than 20 days after my garduation?
I also have expedite my request with USCIS and I got the reply that I will be given a decison within next 30 days. They didnt ask me any supporting documents.Should I contact them again?
Thanks
Shalini
I am already in OPT and My employer have applaid for H1B, but I have int received my H1B. In the mean time i have got another good offer from different employer.
Can I change my job when my Visa is still in processing.
You can work for the new employer on OPT. However, once your H-1 starts (most likely on 1st Oct), then you need to go back and work for the H-1 employer. Or the new employer can file for H-1 petition for you so that you can continue to work for them even after H-1 status starts.
Saurabh,
I have applied for H1B on April 29 and still did not receive the receipt number. My opt expiration date is June 21, 2011 and I have transferred my SEVIS on May 26, 2011 to a new university to continue MS during CAP GAP. Hopefully I will be receiving new I-20 next week. Will my H1B processing gets affected during school transfer as I do not want to risk my status after the expiration of OPT. I know I get 60 days grace period after completion of OPT. For a safer side I took admission in a different college. Your thoughts will be helpful.
Actually you were safe until 1st Oct based on your H-1 petition. However, you should have received the petition number by now. Ask your employer to contact USCIS and figure out why receipt number hasn’t been generated (its possible that petition or generated number was lost in transit). Assuming your H-1 has been filed correctly, I don’t think it will be impacted by the SEVIS transfer.
Once your H-1 arrives, you may have to notify the universities as your status may change from F-1 to H-1 (assuming it has been filed and approved w/ COS).
Saurabh,
Thanks for your help. I got the receipt number today and I have applied for H1B with COS. Hope everything should go on well from here.
Hello!
My 90 day unemployment grace period on OPT expired about 3 or 4 weeks ago. I haven’t work sicne I graduated. However, I am about to receive an offer for a postdoc. I am concerned about my overstay in hte US while waiting for this offer though. Should I need to stay in the USA waiting for the offer, or should I go back to my country and do the paperwork from there? Also, I am concerned about having my H1B visa denied because of my overstay… should I really worry about it? Should I document my case with emails regarding interviews and my attempts to find volunteering work in case of any hard time at the US embassy of my country?
Thanks!!
Check w/ your school DSO, but I think you should leave the country and continue the paperwork from your home country.
My OPT is expiring at the end of May 2011. I’m currently interviewing with potential employers. I have a 60 day grace period one my OPT ends on the 31st. In that time if I get hired can I get sponsored while still in the country and does my OPT then extend itself until October?
Hi Stephanie,
Yes but only if you got offer then You can apply for cap gap opt extension which helps you to stay in US till your H1B is approved, but if you go out of US you cannot enter inside before oct 1steven though H1B is approved.
Hi this is Satya currently i am in OPT status I am planning to apply for h1 this week .
My opt will be expire in jun12, I will apply h1 in premier process.My question is if i got approval or process of h1 i will work after jun my status will be change to h1.
or i will get OPT extension till OCT when my h1 will be activated.please anyone suggest me.
If your H-1 is applied w/ COS (start date as 1st Oct 2011), then you can continue to stay and work in US on OPT until 1st Oct 2011 (this is called cap gap rule). However, if your H-1 is denied in b/w then you would have to stop working and would have usual 60 days to pack and leave US. Inform your DSO once your H-1 is filed, so that they can update your SEVIS record accordingly.
Hi I am right now on OPT status and it is valid till May 15th 2011. I applied for H1b on November 2010 and I got rejected that time. My employer again applied for H1b in April 2011 and in response I got letter from USCIS that my sevis status shows that it was expired in Feb 20th 2011; that because of last time mine H1b was rejected so they automatically change my status and now it shows expired. So I talked with university and DSO told me he will work for my status and it will take one week. it is almost 3 days and I did not heard back. I am worried that will my status will be good? Should I will face any problem? Please if possible reply me asap.
Thank you
Jeet
This is strange. If they rejected H1B last time, you would remain your status as F-1 (OPT), unless they found out your have violated your status at some point. Did you read the denial notice they sent carefully? It should tell you what to do next: either you could stay in your current status or leave the U.S. or something else if there is? I’ve never seen a situation where they changed someone’s status automatically but didn’t let them know why. My suggestion is to wait for DSO response, DSO will probably notify SEVIS about your situation and may as well reinstate you back to F1. Apparently USCSI says you were out of status.
This is a valuable lesson for all F-1 students: There is no way DSO knows what’s you’re doing after you leave school. So it’s advisable to keep your DSO in contact and update them your situations, e.g. changing status, H1B, traveling abroad, etc. If your H1B is approved or denied, let them know too so they can update SEVIS accordingly. A good SEVIS record could benefit you a lot in future immigration requests.
On my denial notice it says, I can stay on my current status till the date on I-94. I am working with my DSO to resolve this issue.
Thanks for your reply. Appreciate it.
I am still waiting from DSO and I dont know how long will it take because this time USCIS is waiting for my status update and then only they will proccess my file further for approval. So I am really thinking that how long will it take to update the status by DSO?
Thank You
Jeet
DSO said one week, so you need to ask your DSO again after one week. No one really knows how long it takes as every case is different. Also, USCIS normally gives you certain time to reponse (30 days or 45 days, etc), so keep an eye on that.
Hi Saurabh
I am right now in F1 status. My H1B was filed in jan 1st. If I get approved, will I be able to start working as soon as I get notice from USCIS?or will I have to wait until oct 2011?
Do you know if your H-1 was applied w/ COS or w/o COS? If it was applied w/ COS, and the same is approved, you can need to start working (and getting paid) on basis of approval date in the petition.
If it was filed and approved w/o COS, then you either need to get H-1 stamped and enter US on that visa stamp, or file and get COS approved before starting to work on H-1.
I think I dont know what is w/cos and what is wo/cos?But I dont have opt. I have a valid f1 visa only?
oh ok. I think it should be w/cos.
If it was w/ COS, then you need to start working (and getting paid) on basis of approval date in the petition.
I have got my start date a 10/01/2011 on my H1b approval? van I make it without COS and i can get on H1 now?
Is it possible ?
How long does it takes?
Appreciate your reply
Thanks
Shalini
I didn’t understand your question. Does your H-1 come w/ an I-94? If yes, then it was approved w/ COS and you will be on H-1 from 1st Oct.
Hey, my name is Ivan. I graduated with an MBA in July 2010. I have been given an OPT visa until september 2011. I have heard the deadline to apply for an H1B visa is April of every year. Is that true? Or can I wait until the end of my OPT visa and apply for H1B around that time? Please let me know.
Ivan, April is when H1B Fiscal year starts. You should apply for H1B visa before OPT expiration…ideally you should apply in April or as soon as you can and have it approved to work in US on H1B from Oct 1st…
Hi,
I recently graduated from college and am now working for a firm in the USA on an F1-visa (OPT). I have also just received notice that my H1-b visa has been approved. The start date of the visa is March 1st 2011. I will be traveling to India in Feb and returning mid February 19th. I understand that there is a 10-day rule for people applying for H1-b. I wanted to know whether I am cutting it close or whether anyone who makes the change from F1 to H1-b visa and leaves the country for the first time needs to get H1-b visa stamped no matter when the start date of the H1-b visa.
Thanks for your help.
Aitshe, Depends on what status you are entering USA in Feb. If you are entering on F1 visa with OPT and your current F1 visa and OPT are valid until then, you may be fine…but, in case your F1 is expired at the time of re-entering, you will have to get H1B stamped.
Hi Kumar thanks for your post.
My OPT will be valid. But I was just unsure whether I can still get my H1-b visa stamped?
Do let me know about that.
Thanks,
Atishe
You can get your H1B stamped…I am not sure if you can enter on H1B status … On consulate website, it clearly says …” You may not enter the United States more than 10 days prior to the petition validity date. ”
The trick is, VO may cancel the existing F1 visa, when they stamp H1B visa…. so, you cannot enter on F1 visa at that time….I would double check with Port of Entry office or do not enter before 10 days…
I graduated May 22, 2010. Got OPT approval for July 19, 2010. Worked till August 3, 2010 but had to relocate because of transportation issues. To date November 26, 2010 I have not been able to get a job in my field. My 90 days expire next week is there anything i can do to remain in the US without being illegal.
Viviene, You can volunteer for an organization and maintain your status. But, you have to work with your school and get their approval. Read this document by SUNY, Buffalo : Maintaing status while on OPT
Kumar,
Thanks for the information.
I am graduating this December. I had afew interviews n found jobs but not related to my area. Can I get the job just to not be unemployed and then get the position I want latter?
Roberta,
It is a tricky situation because, I think your OPT lets you work only in your field of study….check with your School officials, they should clarify it…
HI
I was on F1 till last year and I was doing my Master’s and I will be graduating in another 3 months now. But my H1B was approved and my visa status is changed to H1B from F1 since August, 2009. I am also continuing my Master’s program simultaneously while I am on H1B. Now, I want to know if I will have any problem if I need to go for H1B stamping as I am yet to finish my Master’s(will graduate in Dec, 2010)
Thanks
Sai, I think you must be fine as long you are completing your degree before going to stamping….You can express your genuine reason for converting to H1B ahead of time…
Hi
Thank you for the response. I just have one more question. What if my graduation gets delayed for one more semester and I still have to attend the visa interview is in December.
My professor and the HR are giving me the supporting documents for the visa. Will that help?
Thank You
Sai.
Sai,
Well, if you have to attend in December, be prepared… Documentation always supports and makes the case stronger. You can also take enrollment verification from school …As long as you have a genuine reason for conversion, you must be fine. Visa officer wants to make sure you are not trying to bend the immigration rules and have genuine intentions…
I am already in OPT and My employer have applaid for H1B, but I have int received my H1B. In the mean time i have got another good offer from different employer.
Can I change my job when my Visa is still in processing.
Hi,
I got graduated on 30th July 2010. For OPT as i know i have 60 days grace period to apply for OPT. I have time to apply for OPT till 30th Sept 2010. I applied 2 weeks back for OPT. Till now i did not received any Receipt Number. What if i dont get any receipt number till 30th sept?
Regards
Girish
is there any chance to change my petitioner after attending VISA but not yet stamped petitioner side documents missing i.e. my petitioner not given to me.so finallyresult is query.i have validity up to sept-1011.
Question is very unclear.
Hi Kumar,
I am on F1 status my employer has applied for my H1B. I am still waiting for my H1B approval notice. Now I am making a trip to Inida mid Aug to Mid Sept. I am either goin to wait for my approval notice by regular or do premium processing now. I am confused because it seems like a very random process and I cant seem to estiimate by when should I hear from them.In any case, I was wondering when is it earliest in September that I could get H1B visa stamped assuming my documents are in order? Also whats the earliest time in september that I can reenter the US on my H1B. My H1B starts on Oct 2010 but I have heard 20 days or 2 weeks in advance it is ok to fly. But there is no definate answer and I need to know that before I decide to go for premium. Please advise.
I am not a lawyer, just another F1 to H1B person like you.
While filing for H1B, there are 2 options:
1. Change of Status (most common option for people already in US): After approval, from Oct 1, your status will change automatically from F1 to H1B. You need not do anything. Only when you travel internationally later, you need a visa for entry since right now you only have H1B status – not visa. And so, you need to go to US Consulate for visa stamping before re-entering US.
2. US Consular Visit: This means that you do not want a change of status. Rather, you will travel internationally and (like most other Indian employees coming to US directly for work), will get your visa stamping done at a US Consulate after your H1B approval.
Most employers assume that you won’t travel internationally before you begin from Oct.1, unless you have instructed them to do so. If it is a petition for Change of Status, traveling internationally before you change to H1B (Oct 1) is not recommended. Have you ensured that your employer has not filed for Change of Status?
Hi, I am also in a very similar situation.
I am on a valid F1 VISA until Aug ’12 and my employer has filed for H1b petition with consular notification for ’12 quota ..
I am planning to visit India in June/July..
How safe it is to go and come from India during this time considering my situation.
Thanks in advance
Mansi, What DD said are the typical options. To answer your question, Check this post H1B Approved – When to apply for Visa? When can you enter USA?
I am assuming you are on OPT and it is valid till Oct. If I were you, I would just stay in US till Sept, but book a visa stamping date in September in India. In sept, I would go to India, get visa stamped and come back. With this option you will not lose any time on OPT and keep working in US until Sep.
My main reason for planning the trip is that summer is slow for us and my employer has granted a leave. With the above replies some new qs came to my mind. When can I resume work with I enter on H1B? can still work on opt (it expires on 30th sept)? Also I tried getting a leave in sept but we get really busy arnd that time so my boss asked me to visit before. Currently I am thinking of stamping H1 and returning to the US by 15th september. Is that possible?
Thanks a ton Kumar!! Keep up this excellent resource for all of us.
Welcome ! I will 🙂
Hey Kumar,
I am in India planning to enter US on F1 and jobhunt for H1 sponsor. I already have a US masters and have used OPT. Will this work i.e will the H1B petition filed while im on F1 (not OPT) be approved under Masters quota?
Thanks!!
It should because you already have a Masters from USA. You do not need to work on OPT for counting towards Masters quota. Your degree is what matters.
thanks kumar! but what i was wondering is does it matter if H1B petitioner is in F1 visa and he has not finished/just started his F1 program at the time of petition? So will it hinder approval of my petition if I filed during the first semester of my F1 ?
No, it does not hinder. I knew someone who was on F1 visa and applied to H1B before graduation…he quit MS and started working. You will be fine.