F1 to H1B visa transfer process is easy provided you have a job and employer is willing to apply for H1B Visa.

Three 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

  1. OPT Card in hand
  2. Job offer
  3. Employer willing to sponsor H1B Visa
  4. Employer must submit H1B Visa application on April 1st week of 2009
  5. If student completed Masters degree in US, employer can submit your application in Advanced degree quota
  6. Some Immigration attorney want student to have masters degree before they can file H1B application under Masters degree quota
  7. Some Immigration attorney will file H1B Visa in advanced degree quota, even before graduation ( if graduation in May)
  8. H1b visa application should be picked in lottery ( if there is going to be H1B Visa lottery in 2009)
  9. If H1B application is submitted using premium processing, then student should get approval in 3 weeks after selection in lottery
  10. To get H1b approval notice ( I797) all the required documents should be in proper order.
  11. If USCIS needs more details, RFE on H1B will be issued, asking employer to provide more details
  12. Overall lot of luck is required to go from F1 to H1B.
  13. 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.

  • Sam

    Hello Everyone,

    My F1 Stamped Visa on passport is expired and I am on CPT (I am valid Student) right now and I am planning to file for my H1 visa in the first week of April and I want to travel a trip to India during May/June-2013; here are my concerns.
    1) 1) First concern—is it appropriate to plan a travel trip to India during this critical time.
    2) 2)If I travel to India I know I would definitely need an F1 Visa re-stamping done from Canada; so is it reasonable to take this risk of traveling!!!!
    3) 3)If at all i want to plan a trip then—which month would be best to go visit
    4) 4)Keeping my H1 filing and travel trip to India in mind—would it be advisalable to apply my H1 in premium or regular filing.

    I do understand my case is little critical/complex but I am sure there must be some Smart Guru on web who should be able to respond back with suggested advises.

    Any response or suggestions would be greatly appreciated..

    Best Regards

  • ram

    Hello HSB,

    I have a tricky question for you.

    I am on OPT which will exp on dec 2012. My employer has applied for H1B and is under pending.

    Will there be any problem if i travel to my home country and come back before H1B is approved??

  • PK

    I am with employer A and employer B wants to apply for H1b with change of status (L1B to H1B) for me.

    Is this conversion comes under quota of 65,000 for the financial year (2013)?
    Can my employer B file COS L1B to H1B coversion after the 65000 quota is over?

  • Vishal

    Hi,

    I have question. I am on the full time CPT for 11 months. Now unfortunately, I could not get H1B sponsorship on full time CPT. Now Can I get approve H1B on Part Time CPT?

    Kindly advise.

  • bittu

    i was come in usa b1 visa and one year ago i was transpar my visa right now i have f1 so i will trnaspar my stuts f1 to h1. but in back to my country i have only b.comm so give me good reply thanks

  • rin

    Hi ! Greetings!
    I had a tricky question. I have a B.com LLb degree from India an LLM from USA and presently pursuing my MBA and have 1 semester to finish. I got a job in an IT firm and they want to file my H1b on the Bcom degree as my MBA is not over and they said they cannot use my LLM degree as it does not relate to a Business analyst profile. Can i still file under the masters quota even if the job requires a B.Com qualification and say i already have one masters from USA and i sem to finish my MBA from USA?
    What precaution i have to take when filing for Green card.
    this is very important as there are very few days left to file my H1b Application . Please help.
    Thank you

  • Raj

    I graduated in July 2010 and my H1b on masters (regular processing )was filed on 8th July. I had no OPT as this was my second Masters. I am currently residing in USA and still waiting on H1b decision. I have been waiting for a period of 5 months now and my status from "initial review" to "RFE" on November 3, 2010. My lawyers answered the RFE on Dec 16th. How long does USCIS usually take to make a decision after the RFE has been answered in regular cases? Also, am I out of status right now? Do i have to go back to my country ? If yes, then how long do I have to wait for H1b to get approved?
    PLEASE HELP

    • Deepa

      Hi…I also hav a similar question like Raj’s…I have done my first M.S in pharmaceutical and used up my opt for my work. Currently, i am on F1 status and enrolled for second masters which is not related to pharma. Now, I am offered a job in pharma industry and the employer is willing to file for h1 to get work authorization and work from oct1.
      Can any one please clarify to me if this process is going to be possible? I am worried because now I am on f1, with non-pharma program and wil hv to shift to pharma on h1b status…
      thanx a lot….

  • Bindu

    Hi,

    I am planning to join MBA in one of California university. I come across the option like CPT , which is allowed to work for 40+ weekly offcampus. Is this true. Also, this is like work study programe, where in I need to attend classes in the evening. Ofcourse it is a regular course it seems.

    If such (CPT) there :

    How long will it be valid

    For how many yrs the stamping will be

    I am eligible for H1 filling

    As the course duration is for 2 yrs, can I get two yrs CPT

    if not, wht abt OPT

    Can i avail OPT

    Being on CPT, can I apply for H1.

    Can my family come and stay with me there.

    I am working as a Business Analyst and earing ok amout, can i get good oppurtunities for BA.

    Can any one plz help me out. I am planning to intake in Jan-2011. So, information is required very urgently..

    Waiting for responses with needful.

    Reg.,

    Bindu.Nag

  • Nishant

    Hi,

    I graduated in December 2008 and started Volunteer work on my first 12 Months OPT and got my OPT extension in January, 2010. I am a Mechanical Engineer and got a job in Mechanical Field in MAY,2010. I got my H1-B approved this year and going for my H1-B stamping in November,2010.

    My question is does US consulate is going to ask any questions on my volunteer work as I do not have any official letter from them, and I do have all the necceasry paperwork for my H1-B Visa like master's degree, transcripts, I-797 PETITION etc..

    Kindly, let me know about the above.

    Thanks.

  • Silvia

    hi,

    i have the F-1 visa, and i will apply to H1B can i apply for my wife too, but her status isnt legal!!!

    thanks

  • kavita

    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

  • Hale Sokollu

    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

    • Evelina

      I am in the same situation, with my OPT expiring 05/31/2011. When can my employer apply and can I continue working from 05/31/2011 to October 1 that same year??

  • Nidhi

    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?

    • amit

      Hello Nidhi

      I am also in same situation, may be you can help, here is my situation:

      I am currently working for employer A on H1B and filed a transfer to employer B , now there is RFE on h1b transfer.

      Can I travel outside country and do visa stamping using h1b approval from employer A.

      Thanks

  • Zein

    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?

  • Bruno

    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

  • Kams

    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?

    • E.A.

      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.

  • smaarti

    How can you go about obtaining a part time H1 B ? Also, can you go from F1-H1 without OPT ? Thanks !!

    • HSB

      F1to H1 – yes
      Part time H1 – talk to an attorney.

      • Dhrumin

        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.

        • no name

          it's a Lawyer

  • Sizu

    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……