Can I Change from F-1 to H-1B Visa Status?

You may believe you are qualified to work in a specialty occupation, and therefore earn temporary work authorization (i.e., with an H-1B visa) in the United States, after receiving a higher education here (i.e., with an F-1 visa). Ideally, there will be a smooth transition between visa types after you receive your Bachelor’s degree on your graduation day. However, the reality of this process may be more challenging. With that said, please read on to discover your chances for changing your F-1 visa status to an H-1B visa status and how one of the seasoned Lancaster, PA work visa lawyers at Lupton Law LLC can help you stay legally compliant throughout.

What are the chances of changing from an F-1 to an H-1B visa status?

You may have successfully accomplished the hard part and met the eligibility criteria for an H-1B visa and found a United States-based employer who is able and willing to sponsor your temporary nonimmigrant work authorization in the country. Even so, though, the United States Citizenship and Immigration Services (USCIS) may not select you as an H-1B visa recipient. This is because this visa type is distributed based on a lottery system.

Namely, there is an annual cap of 65,000 visas, plus 20,000 visas for those with advanced U.S. degrees. You must understand that even if you win this lottery, it does not automatically grant you an H-1B visa. Rather, it simply allows your future employer to file Form I-129, Petition for a Nonimmigrant Worker, on your behalf. In other words, the USCIS still holds the right to eventually deny this petition if it deems you or your employer underqualified.

What happens if I do not initially win the H-1B lottery system?

Since the number of registrations typically exceeds the annual cap, there is a chance you may not win the H-1B lottery the first time around. While you are not barred from trying again, unfortunately, this may create a large time gap between when your F-1 visa status expires and when you can get approved for an H-1B visa status. In turn, you may be expected to temporarily return to your home country and reenter the H-1B lottery system while abroad.

If so, the USCIS’s approval notice for your H-1B petition may eventually be electronically transmitted to the appropriate U.S. embassy or consulate office. From here, you may have to undergo consular processing to obtain your H-1B visa and reenter the country legally. Lastly, though, it is worth looking into your eligibility for the H-1B cap gap extension, if you believe that the gap between your F-1 and H-1B visa statutes is small enough to make temporarily departing from the U.S. excessive.

If you desire more clarity before you head into the immigration process, please do not wait any longer to reach out to one of the competent Lancaster, PA work visa lawyers. Retain the services of Lupton Law LLC today.