CHANGING FROM F-1 TO H-1B

The H-1B

The H-1B status and visa is an employer-initiated application for workers with technical occupations or advanced degrees (master's or doctorate). There is a limited number of H-1B visa available each year, referred to as a "cap", and each year there are more applications than available quota. It is recommended that students interested in obtaining an H-1B visa consult an immigration attorney representing the employer.

The International Student Services Office does not handle H-1B application.

Application Process

The US government's fiscal year begins each October 1st. H-1B applications are accepted on April 1st, but the effective date of H-1B employment is not until October 1st. An employer must file the H-1B application for the employee. Discuss the responsibility of payment with your employer and the attorney representing your case. Since the cap is reached quickly, H-1B applications should be made as early as possible. OPT is not required before applying for an H-1B but many students find it helpful to find an employer who is willing to sponsor your change of status from F-1 to H-1B.

The OPT/H-1B Gap

For students who graduate in May and start OPT in May-July, their OPTs will end in May-July of the next year. Even if the student is approved for H-1B status, there will be a gap between the time that the OPT grace period ends (July-September) and the H-1B effective date(October 1 or later). They are not allowed to work during the period between the OPT end date and the effective date of H-1B. To remain in status and eligible for the H-1B, students will have to be enrolled full time as an F-1 student in a new degree until the H-1B effective date or depart the US during the Gap period and re-enter the US on H-1B visa.