F-1 OPT to H-1B: Change of Status from F-1 to H-1B for International Students

As a student with an F-1 visa in the United States, transitioning from school to a job is an important, but complicated step. Whether you are about to graduate from an  undergrad, masters, or doctorate program, you may be eligible for a change of status from F-1 to H-1B.

F-1 to H-1B

There are two ways to change your F-1 to H-1B status:

• Curricular Practical Training (CPT) — Students may also change their status to an H-1B visa if they are already employed by the time they graduate
• Optional Practical training (OPT) — Students in the U.S. with an F-1 visa may opt for an H-1B visa. The OPT program allows F-1 students who just graduated more time and experience before employment.

Many specialized fields want to see your skill level at work before they hire you. The OPT program allows you to have a job as a type of trial run for both you, the post-student worker, and the employer, who may hire you permanently.

OPT for F-1 Students

OPT stands for Optional Practical Training. OPT to change of status H-1B allows graduating students to gain more experience in their field of study with a temporary job while still maintaining F-1 Student status.

There are two types of OPT for temporary employment:

• Pre-completion OPT
• Post-completion OPT

Pre-completion OPT time with be deducted from the time given for post-completion OPT. The post-completion OPT can be up to 12 months — if you participated in pre-completion OPT for 3 months, then you would have a remaining 9 months of eligibility for post-completion OPT.

You can receive up to 12 months in the OPT program. Applying for OPT must be timely and accurate. Getting help from an experienced immigrant attorney can help ease the process and make sure requirements are submitted in a timely manner.

STEM OPT

Students who are graduating with a STEM degree — that is with a degree in science, technology, engineering, or math — can OPT for a 24-month extension.

Compare and Contrast: F-1 and H-1B

A minimum of a bachelor’s degree is required to obtain an H-1B “professional position.” For those with a bachelor’s degree or equivalent who would like to remain in the U.S., an F-1 OPT for transition to a specialized position can be an excellent opportunity.

Since the H-1B needs to be petitioned on your behalf from your employer, your OPT time is an opportunity to build a professional relationship with a potential future employee and H-1B petitioner.

What is an F-1 Visa?

An F-1 Visa is a nonimmigrant visa for academic students who wish to study in the United States. Once granted, F-1 visas lasts for the entire duration of the academic program you are in. The institution you attend must be approved by the Student and Exchange Visitor Program (SEVP).

What Is Aa H-1B Visa?

An H-1B Visa is a visa for professional workers. To obtain an H-1B visa, your job position must require a bachelor’s degree or higher in a specialized area. Your job must have complex details which only you can perform because of your specialization. Your employer or future employer must petition for your H-1B.

Advantages and Disadvantages: F-1 visa vs H-1B visa

Advantage of an F-1 with OPT

• Temporary residency in the U.S. to further educational experience
• You can work a professional position in the United States with a student visa
• Your employer can see your skillset that is needed for the position. OPT allows time for your employer to decide to sponsor you for an H1B employment visa

Disadvantages of an F-1

• You maintain your citizenship abroad
• You cannot apply for a green card
• You have less work time (12-24 months) than with an H1B visa

Advantages of H-1B

• The three-year period of stay is longer than most visas
• You may apply for an extension of stay for up to three years
• You can pursue permanent residency
• Your spouse and children can accompany you

Disadvantages of H-1B

• There is a cap of 65,000 visas per year
• H-1B visas are determined through a lottery system; eligible petitioners apply and are randomly chosen

F-1 To H-1B Change of Status Timeline

Your F-1 visa to H-1B visa conversion needs to be done in a timely manner. The OPT status change involves lots of people and moving parts. It’s important to be ahead of the game when applying for OPT so you have a smooth transition from F-1 to H-1B.

When approaching the end of your degree, you must:

• Make a request that your designated school official (DSO) recommend you for OPT. They must advocate for you based on your Form 1-20 and present the request in the Student and Exchange Visitor Information System (SEVIS)
• Apply for OPT within the next 30 days after your DSO recommended you into your SEVIS record
• Apply for the OPT 90 days before your degree is complete. You cannot file later than 60 days after your program has ended. Apply by filling out Form I-765, Application for Employment Authorization

The OPT program is a temporary work position, meaning you need to be employed during your OPT time. You are given 90 total days of unemployment during your 12-month OPT time span. If you are in the STEM OPT, you have 120 total days (30 additional from OPT).

The next issue of timeliness surrounds the application deadline for H-1B visas. These nonimmigrant visas have a cap and application cycle. Speak to your immigration lawyer about H1B dates for the upcoming year.

Steps for F-1 OPT to H-1B

1. Once you have received your OPT, you can search for a job with a company who can sponsor you for an H-1B visa. You must have a job offer from your sponsoring company in order to apply for an H-1B visa.
2. From there, your petitioner applies for a change of status from F-1 to H-1B. Both you and your employer need to be eligible to apply for an H-1B visa. Employee requirements include:

• Wages paid to H-1B worker is equal to (or surpasses) wages paid to other workers in a similar position within the geographical area
• Meets the DOL standards for a place of work

3. To petition for the H-1B lottery, file online with United States Citizenship and Immigration Services (USCIS). If you are chosen to be an H-1B recipient, your employer then files Form I-129, Petition for a Nonimmigrant Lawyer.
4. If needed, apply for an OPT extension until you hear back from H-1B petitions

What is Needed to Apply for OPT to H-1B

To apply for OPT and H-1B, you must have the following:

• Form I-765: the filing fee is $410 plus an additional $85 biometrics fee
• Your employer’s E-Verify Company ID Number or the company’s E-Verify ID number
• Present your Form I-20, Certificate of Eligibility for Nonimmigrant Student. Your Form I-20 must be official from the Department of State (DOS) withing the past 60 days of applying for you H1B
• A copy of your STEM degree if you are applying for the STEM OPT
• Form I-129, Petition for Nonimmigrant Lawyer
• Register with USCIS for H-1B lottery

To Consider

Students in different fields of study may face different levels of difficulty in meeting the job function standards. H-1B visas call for specialized positions. A student with a bachelor’s degree is not necessarily eligible for an H-1B visa. The job position must call for a specific degree specialized for the particular job description and duties. STEM and other graduates must OPT into H-1B position in the specialization they graduated with.

Speak to an Immigration Lawyer

Working with an immigration lawyer can help you apply for an F-1 OPT to H-1B visa. The process of applying for OPT, finding a specialized position, and applying for an H-1B within a limited time frame can be overwhelming. The lawyers at Scott Pollock & Associates P.C. are here to help you every step of the way. Contact us today to start your journey from student to worker in the United States.

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