Understanding the F-1 to H1B change of status is critical to planning what happens after graduation if you already have a job lined up. Through this path, you can move from a student visa to working in the US long term. Your employer must sponsor you and register you for the annual H-1B lottery to get the process started. If your registration is selected, your employer must file Form I-129 to ask USCIS to approve your H-1B status. While that petition is pending, you need to keep your F-1 status valid so you do not fall out of lawful status before the change takes effect.
The full transition from F-1 to H-1B status can take several months (8 to 14 by some estimates). The exact timeline depends on several factors, including your selection in the lottery and if your employer requests premium processing. In any case, it helps to have a visa attorney in New York to guide you and your employer through each stage so you can avoid delays along the way.
Here’s what you can expect.
Step 1: Pre-registration preparation
There’s plenty of work to do long before the H-1B registration window opens in March. In most cases, it’s best to start preparing one to three months in advance. Taking the time to get everything ready now can help you avoid delays or problems later in the process.
Your employer first needs to make sure the position qualifies as a specialty occupation under USCIS rules. This means the role normally requires at least a bachelor’s degree, or an equivalent qualification, in a field closely related to the work you will perform. If the job description is too broad or the degree requirements aren’t clear enough, USCIS may ask for additional evidence.
A visa attorney in New York can help your employer prepare important requirements, including:
- A specialty occupation analysis
- A prevailing wage determination
- Company registration through myUSCIS
- Budget planning for filing fees
At the same time, your attorney can help you gather and review documents such as your:
- Valid passport
- Academic credentials
- Immigration documents
- Employment records
Step 2: H-1B lottery registration and LCA filing
Things can start moving quickly once the registration period opens from March through June. You and your employer must ensure that everything is accurate because even small mistakes can delay or invalidate your filing.
Your visa attorney in New York can help your employer submit your H-1B registration through the myUSCIS portal. If you’re selected in the lottery, USCIS generally sends a notification before the end of the registration period.
Your attorney can help your employer file the Labor Condition Application (LCA) using Form ETA-9035 through the Department of Labor’s FLAG system once you’re selected.
From there, your employer needs to post the required LCA notice in two visible locations at the worksite or distribute it electronically to employees for 10 consecutive business days. They have to post this notice on or within 30 days before your LCA’s filing date.
After completing your LCA requirements, they have a 90-day filing window beginning on April 1 to submit Form I-129 to USCIS. If you’re changing from F-1 to H-1B status, the petition should request a Change of Status so you can maintain cap-gap protection while waiting for approval. Your requested employment start date must also be October 1 or later for the applicable H-1B cap year.
Step 3: Processing at USCIS
USCIS will review your petition as soon as your employer files Form I-129.
If your employer chose standard processing, you can expect your H-1B cap petition to be completed within three to six months. Sometimes, your case may move faster or take eight months or longer, especially when the USCIS needs additional information. The same holds when your case is more complex.
This is why it helps to have a visa attorney in New York who can monitor your case and respond quickly if USCIS issues a Request for Evidence (RFE). Their support can help keep the process moving as efficiently as possible.
Navigate the process with a visa lawyer
Here at Berd & Klauss, PLLC, you and your employer can receive all the guidance you need for the F-1 to H-1B process with a visa attorney in New York. Schedule your free initial consultation by sending a message to info@berdklauss.com or calling 212-461-7152.
