Many international students studying in the United States on an F-1 visa investigate several alternatives for working in the United States permanently. One possibility is to change your visa status from F-1 to H-1B, but this might be difficult to achieve because an H-1B holder is a professional in a specialist occupation, and you would still have minimal practical training experience under the F1 visa.

This article will go over the change of status petition process and how to file for a status change from an F-1 to an H-1B visa and obtain a green card.

H-1B visa

An H-1B visa is intended for temporary employment in a specialty occupation. There are three types of workers who are eligible for the H1B visa:

1. Foreigners who have special interests in a job that requires theoretical knowledge in a specific field of study and hold at least a bachelor’s degree.
2. Those who can work with a cooperative research organization that administers a Defense Department program.
3. Fashion models with distinguished merit and ability

In other words, an H-1B visa is an employment-based visa that allows U.S. employers to hire workers in specialty occupations, requiring theoretical and practical application of specialized knowledge and at least a bachelor’s degree.

H-1B visa allows foreign skilled workers to:

• Work legally in the U.S. for a period of 3 to 6 years.
• Gain practical and theoretical experience related to the professional field
• Bring their dependents on an H4 visa.
• Enter and leave the U.S. as long as H-1B status is maintained.
• Apply for permanent residency in the U.S. (obtain a green card)

F1 visa

The F1 visa is a visa for international students who want to attend school in the U.S. and it is granted for the entire duration of the academic program you are in.

As an international student, you can achieve F1 status in two ways:

• Through consular processing- the process of seeking a visa from outside the U.S. at a U.S. consulate or U.S. embassy, or
• Change of status- getting the status from within the U.S.

To get the F1 visa, an approved school must sponsor your petition to come to the U.S. by issuing a Form I-20. Also, to maintain F-1 status, you must attend this school. If you want to work in the U.S. while studying, you will have to obtain permission known as Curricular Practical Training – CPT) or Optional Practical Training – OPT.

The following are the main stages to changing your status from F1 to H-1B work visa.

• Get the Job Offer

It doesn’t matter whether you are applying for H-1B directly from an F1 visa status or OPT, you have to have an open job offer from an H-1B sponsoring employer who will apply for an H-1B visa on your behalf.

• Submit the H-1B petition On Time

Since there are certain limitations on the annual cap number of H-1B visas, you need to pay attention to important dates announced by USCIS. The H-1B visa is limited to 65,000 visas under the general category and 20,000 visas for the master’s cap.

Therefore, your employer must file your H-1B visa petition as ‘Change of Status’ by the stated deadline.

• Check Eligibility for a cap-gap extension.

After you have filed an H-1B visa petition and your case is pending, you may be eligible for a cap-gap extension and allowed to remain on F1 visa status. In this case, your work authorization and F1 status will not expire until the H-1B employment is approved.

Read Also: Can you Use Robinhood on F1 Visa?

If your F1 period of authorized stay expires before October 1 and you do not qualify for a cap-gap extension, you will have to leave the U.S. and apply for an H-1B visa at a U.S. embassy or consulate abroad. Once your petition is approved, you may enter the U.S. on H-1B status.

The F1 to H-1B visa application process is the same as the regular H-1B application process.

Since the U.S. employers are the ones to file H-1B petitions on behalf of foreign workers, they have to:

1.  File a Labor Condition Application LCA with the U.S. Department of Labor.
2. Complete two forms:
   1. Form I-129, Petition for a Nonimmigrant Worker
   2. Form I-129 H Classification Supplement
3. Submit all supporting documentation as required per individual case
4. Prove that the employer is in good standing and will be pay you at least 95% of the prevailing wage for the applicable occupation.

Form I-129 is the sole form you need to use to convert your status from F1 to H-1B. This form must also be signed by an authorized individual, usually the person in charge of hiring new employees inside the organization applying for your H-1B visa.

• Filing Fees

In the change of status process, there are several fees that you will need to pay.

1. The filing fee for the Form I-129: is $460
2. Depending on the company’s size, ACWIA fees: $750 or $1500 if the sponsoring employer has more than 25 employees.
3. Fraud Prevention and Detection fee: $500
4. Only in a few circumstances: $4000

• Evidence to Support Your Petition

Support your petition by submitting the following evidence with your I-129:

1. Copy of your F1 Visa
2. I-94, Permission to enter the U.S.
3. I-20s, following your most recent entry
4. Graduation evidence and transcript
5. A job offer letter from the U.S. company proving that you have an open job offer- this letter needs to state a job title, job duties, job description, and your salary
6. Copy of the certificate of formation of the U.S. Company
7. Labor Condition Application
8. Evidence that the company exists (tax returns, website, social media, etc.)

Summary

The application process for F1 to H1B visa is the same as the regular H1B application process. Remember that only the H1B sponsoring employer may file your H1B petition. Your H1B petitioning employer must:

• File an LCA (Labor Condition Application) with the US department of Labor.
• Complete Form I-129, Petition for a Nonimmigrant Worker, and Form I-129 H Classification Supplement
• Submit all required supporting documentation as required per individual case.