Changing US Student Visa to H1B Work Permit

Yes, a person can change their status from an F-1 student visa to an H-1B work visa after entering the US. This process is called "change of status." Here’s how it can be done:

Steps to Change Status from F-1 to H-1B:

1. Obtain a Job Offer:

• The first step is to secure a job offer from a US employer willing to sponsor you for an H-1B visa.

2. Employer Files an H-1B Petition:

• Your employer must file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This form includes the H-1B visa petition.

• As part of this process, the employer must obtain a Labor Condition Application (LCA) from the Department of Labor (DOL), which certifies that they will pay the required wage and that the employment conditions meet the required standards.

3. H-1B Cap and Lottery:

• Most H-1B visas are subject to an annual cap, and petitions are often selected through a lottery system. This process typically begins on April 1st each year.

• If you have a cap-exempt position (e.g., employment at a university or nonprofit research organization), you can apply at any time without being subject to the cap.

4. Change of Status Request:

• If you are already in the US on an F-1 visa, your employer can request a change of status from F-1 to H-1B on the Form I-129.

• If your H-1B petition is approved, your status will automatically change from F-1 to H-1B on the start date indicated in the petition, typically October 1st.

5. Maintain Status:

• While the H-1B petition is being processed, you must maintain your F-1 status. This can be done by continuing to attend school or engaging in Optional Practical Training (OPT) if you are eligible.

6. Travel Considerations:

• If you leave the US while your change of status is pending, you may need to apply for an H-1B visa at a US consulate abroad to re-enter the US on H-1B status.

Important Points to Consider:

• OPT and Cap-Gap Extension: If your OPT expires before your H-1B start date (usually October 1st), you may be eligible for a "cap-gap" extension, which allows you to continue working under OPT until your H-1B status begins.

• Timing: The timing of your application is crucial. H-1B petitions can be filed up to six months before the intended start date. Ensure that your F-1 status is valid through the filing and processing period.

• Approval Notification: USCIS will notify your employer if your H-1B petition is approved. You will also receive a Form I-797 approval notice.

Resources:

• USCIS - Change of Status

• Department of Labor - H-1B Program

• ICE - Cap-Gap Extension

By following these steps and maintaining your current status, you can successfully change your status from an F-1 student visa to an H-1B work visa. Consulting with an immigration attorney can also provide personalized guidance and ensure compliance with all regulations.