F1 to H1B visa transfer process is easy provided you have a job and employer is willing to apply for H1B Visa. 3 years back, one of my friend applied from F1 to H1B just 2 days before Oct 1 and he got H1B visa. But, last 2 years its tough to get H1B Visa due to number of application submitted to USCIS.
OPT in F1 Visa and F1 to H1b status
International students in F1 visa have to apply to OPT before graduation. They can work using OPT as full time employee or as part time. They can also volunteer during OPT period. Since new 90 days unemployment opt rule was published in April 2008, students have to find a job in their field before 90 days of OPT start date else they will be out of status.
If a student happen to volunteer for a company in the same field, then those days will not count under 90 days in OPT. But, if a student start to search for job just after graduation, it will be very hard to find a job within 90 days in OPT.
F1 to H1B Process
If a student in F1 Visa ( OPT ) wants to apply for H1B Visa, here is the list of things he/she would need
- OPT Card in hand
- Job offer
- Employer willing to sponsor H1B Visa
- Employer must submit H1B Visa application on April 1st week of 2009
- If student completed Masters degree in US, employer can submit your application in Advanced degree quota
- Some Immigration attorney want student to have masters degree before they can file H1B application under Masters degree quota
- Some Immigration attorney will file H1B Visa in advanced degree quota, even before graduation ( if graduation in May)
- H1b visa application should be picked in lottery ( if there is going to be H1B Visa lottery in 2009)
- If H1B application is submitted using premium processing, then student should get approval in 3 weeks after selection in lottery
- To get H1b approval notice ( I797) all the required documents should be in proper order.
- If USCIS needs more details, RFE on H1B will be issued, asking employer to provide more details
- Overall lot of luck is required to go from F1 to H1B.
- After H1B Visa approval, student (now employer) are good to work for the employer.
Now above 13 steps should have given an overview of what to expect to change from F1 to H1B Visa.Usually
Convert F1 to H1B
After H1B visa is approved, then your OPT will be invalid, even though you have OPT expire date after H1B start date. With new OPT rule students in STEM degree can get 17 more months in OPT. I would say changing from f1 to h1b is much better option than getting STEM extension. If H1B is not selected, then OPT extension will be better.
Related posts:
{ 12 comments… read them below or add one }
hello, I am currently on F1 visa and my H1 visa is already aproved but it activates from OCT 1, 2010. So do I really need to take classes for this month of September?
Thank you
Hi,
I am working on my OPT now and it is expiring on August 29th 2010. They are willinig to sponsor for H1B, but how long will it typically take to get approval and will I be allowed to work during the process until I get the approval?
Thank you
I on F1. Have H1B approved but will get it stamped in October only.. can I change my job before I get my stamping done?
Hi
Thank you for posting this valuable information.
I am currently working for a nonprofit organization using my OPT and they are ready to submit an H1B petition for me. I can also use STEM OPT extension. Now my question is: if in the next couple of month I decide to change my employer which of H1B and OPT STEM is more suitable for job transfer? or does it make any difference?
Hello HSB,
I have a tricky question. I currently work for a non-profit organization with my 12-month OPT. My OPT will be expired on July 6,2010. My major is not on the major list of STEM 17-month extension.
My current employer already filed a cap-exempt H-1B petition on May 4,2010 but it is not been approved yet. Recently, I receive another offer from a industrial company and I will go for it, and therefore, they will file a new cap-restricted H-1B visa. Therefore, to avoid a gap, I must use a cap-gap extension OPT which is applied to all OPT holders. I have two questions as follows.
1. Can I still use a cap-gap extension OPT for my new cap-restricted H-1B petition if my current cap-exempt visa petition is submitted or approved?
2. If question 1 is yes, what should I do to get my new EAD card for the cap-gap extension?
Thank you very much
Hello HSB. Thank you for all the valuable information provided on the site.
I had a question:
I am graduating on July 2nd 2010. I am not eligible for OPT due to certain reasons. My employer has applied for H1B around May 1st week 2010 under PP. If my H1B is approved by May or June, is it possible for me to start working at the company by July 2010? or is the start date for H1B always Oct 1st and beyond?
Hi Kams,
Start date and approval date are two different things.
Your h1b can be approved June 1st but you still have to wait until October 1st
to start working.
How can you go about obtaining a part time H1 B ? Also, can you go from F1-H1 without OPT ? Thanks !!
F1to H1 – yes
Part time H1 – talk to an attorney.
hey HSB in response to your answer to above question I’d like to ask one more thing that how is it possible to get H1 without OPT and also that u mentioned that talk to attoryney for part time H1…..but would you please elaborate who “attorney” is???? I’d really appriciate if you could answer.
Thanks.
it’s a Lawyer
Thanks a lot for such a informative website.
I am on OPT and my H1B is approved with the same company.
My Visa expires in August/09 (OPT in Jan/10).
H1B starts in Oct/09.
Can you please help to understand the followings:
1. Do I need to go out of the US for VISA Stamping, or can I continue without that?
2. For OPT I received an Empl Auth Card. Do I need to apply for a similar card again?
If yes, when?
If not, what document I should carry to establish my status and that I am staying legally in this Country ?
Thanks……
{ 1 trackback }