How to Apply for a Change of Status From an F1 to an H1B Visa
Posted by Rohit Mittal in Education | Updated on November 14, 2022
If you are an international student studying in the U.S. on an F-1 visa, you might be considering working in the U.S. on a more permanent basis. To accomplish this, you can change your visa status from an F-1 visa to an H-1B visa. This might be a jump since an H-1B worker is considered a professional and you will have limited practical training experience under the F-1 visa. Nevertheless, it is a possibility.
If you are considering this option, take some time to read through the content below. We will explore how the petition process works and how to apply for a change of status from an F-1 to H-1B visa.
Read on to learn more about changing your status from an F1 to an H1B visa or check out our video guide “How to Apply for a Change of Status From an F1 to H1B Visa” below!
Table of Contents
How to Apply for an F1 to H1B Visa Status Change
Find an H1B Sponsoring Employer
The main thing to know about attaining an H-1B visa is you will always need a job offer from a sponsoring employer in order to apply.
Your H-1B petition is filed by this employer. Your employer will need to be in good standing and prove to the United States Citizenship and Immigration Services (USCIS) that you will be paid at least 95% of the prevailing wage for the applicable occupation.
Your employer will also need to prove that your employment will no have an adverse effect on the work conditions for U.S. workers.
File an H1B Petition
Once you’ve found a sponsoring employer, they will need to file your H-1B petition as soon as possible. There are only a certain amount of H-1B visas issued every year. There are 65,000 H-1B visas in the general category and 20,000 visas for people with a master’s, doctoral, or other higher degrees. You will, therefore, want to file as soon as possible to ensure you can grab one of the limited H-1B visas available.
Your employer will file your H-1B petition as a Change of Status. If your petition is approved, you will be granted H-1B status and you will be allowed to start working on October 1st.
File for a Cap-Gap Extension
You might be in a situation where your work authorization and F-1 status will expire while you are waiting for your H-1B petition to be approved. If that is the case, you can apply for a cap-gap extension. With this extension, you will be allowed to remain on F-1 visa status while you are waiting for your H-1B approval.
If you don’t qualify for the cap-gap extension, but your F-1 status expires before October 1st, you will need to leave the U.S. You can then apply for an H-1B visa at a consulate in your home country. If your petition is approved, you will be able to enter the U.S. again on H-1B status.
File a Labor Condition Application
Your employer will have to file for a Labor Condition Application (LCE) once they file your H-1B petition. This form is filed with the United States Department of Labor Employment and Training Administration. To apply, a Form ETA 9035/9035E is submitted. Once the LCA is approved, it will be valid for up to three years of employment.
The purpose of an LCA is for your employer to attest to your employment details. The Department of Labor uses this to ensure the minimum labor conditions have been met.
Complete Form I-129
Form I-129 is the form actually used to apply for your change of status from an F-1 to H-1B visa. Once this form is filed and approved, you may start working under your H-1B visa. For more details about the Form I-129, take a look here.
Submit Required Documents
If you are filing for a change of status, you’ll need to submit the following documents:
- Your biographic information (full name, date, and place of birth, marital status etc.)
- The job offer from your sponsoring employer
- A detailed description of your job with percentage allocations
- A copy of your resume
- A copy of the relevant pages of your passport
- A copy of your degree
- All your transcripts
- Any course certificates
- Catalogs and brochures of the company who is your sponsoring employer
- Information about any award related to your occupation or field of expertise
- Experience letters containing your titles and dates of employment
- Copies of your Form I-20
- Copies of your current I-94 card
- If applicable, a copy of your Employment Authorization Document
Cost of Filing for an H1B Visa
There are a few fees involved in applying for a change of status from an F-1 to H-1B visa. Fortunately, most of these costs will be covered by your sponsoring employer.
Each employer will have to pay a certain set of fees. Exactly which fees your employer will have to pay will depend on the size of the company and a combination of other factors.
Here is a simple breakdown of the different fees:
- Base filing fee: $460 – paid by all employers for each petition.
- AICWA Fee (American Competitiveness and Workforce Improvement Act of 1998): $750 – paid by employers who have 1 – 25 full-time employees; $1,500 – paid by employers who have 26 or more full time (or equivalent) employees.
- Fraud Prevention & Detection Fee: $500 – only applies to new H-1B and change of employer petitions. This does not apply to H-1B petitions that are Chile or Singapore based.
- Fee-based on Public Law 114-113: $4,000 – your employer must pay this fee if 50 or more employees and more than 50% of its employees are H-1B or L-1 visa holders.
- Premium Processing Fee: $1,225 – this is an optional fee to have your petition processed within 15 calendar days.
- Immigration Attorney Fee: variable – this will only apply if you or your employer make use of an immigration attorney. The fee will vary depending on which immigration lawyer you use.
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If you want to change your visa status from F-1 to H-1B, follow the simple steps above. Most of the petition is dealt with by your employer. Your biggest task will be to find the right employer to sponsor you for your H-1B visa. Once you’ve got that job offer, make sure your employer files your H-1B petition in time so you stand a better chance of being approved for H-1B status.
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