F-1 to H-1B Transition Guide

Congratulations on your H-1B lottery selection! This guide provides essential information for F-1 students transitioning to H-1B status through a Change of Status (COS) petition. We’ve included specific guidance for both international students and HR professionals to help ensure a smooth transition.

The F-1 to H-1B Process Overview

Changing from an F-1 student visa to an H-1B work visa involves several key steps:

1. Find H-1B Sponsorship: Secure a job offer from a U.S. employer willing to sponsor you for an H-1B visa. The position should qualify as a specialty occupation, typically requiring at least a bachelor’s degree.
2. H-1B Registration and Selection: Employers register candidates for the annual H-1B lottery, usually in March. If selected, they can proceed with filing a petition.
3. Labor Condition Application (LCA): The employer files an LCA with the Department of Labor, agreeing to pay the prevailing wage for both the occupation and location.
4. H-1B Petition Filing: After LCA approval, the employer files  Form I-129, Petition for a Nonimmigrant Worker with USCIS requesting a change of status from F-1 to H-1B.
5. Cap Gap Period: If the applicant’s F-1 status expires before their H-1B begins, they may qualify for the cap gap extension (detailed below).
6. Transition to H-1B Status: If approved, the foreign national’s status automatically changes to H-1B on the start date (typically October 1).

Boundless Tips:

For HR Managers: Maintain clear communication with your F-1 employees throughout this process. Provide copies of receipts and approvals promptly.

For F-1 Students: Keep track of all filing dates and receipts. Maintain copies of all documents related to your H-1B petition.

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H-1B Registration and Filing Fees

Most costs associated with the H-1B filing are legally required to be paid by the employer under the Immigration and Nationality Act. Understanding the fee structure is important for both parties.

Fees Employers Must Pay

• Registration Fee: $215 for each H-1B lottery registration
• Base Filing Fee: $460 for Form I-129 (Petition for Nonimmigrant Worker)
• Fraud Prevention and Detection Fee: $500
• Attorney Fees: Related to the preparation and filing of the LCA and H-1B petition
  

Employers cannot legally pass these costs on to employees or deduct them from salaries.

• For HR Managers: Budget for these fees early in the fiscal year. Consider premium processing if the employee’s OPT will expire soon.
• For F-1 Students: Be aware that your employer is legally obligated to pay these fees. If asked to pay any of these costs, seek legal advice.

Fees Employees May Be Responsible For

The only H-1B-related fee employees might need to pay is the Machine Readable Visa (MRV) fee if they need to obtain an actual H-1B visa stamp in their passport:

• MRV Fee: $205 paid to the U.S. Department of State when applying for the visa at a U.S. embassy or consulate abroad
• Dependent Visa Fees: If there are dependents applying for H-4 visas, they will also pay the MRV fee

The MRV fee is non-refundable, even if the visa is denied. While employees are responsible for this fee, some employers choose to reimburse it, though they are not legally required to do so.

• For HR Managers: Clearly communicate to employees which fees they will be responsible for if they travel internationally.
• For F-1 Students: Budget for the MRV fee if you plan to travel internationally after your H-1B approval.

Premium Processing Option

Premium Processing: $2,805 for expedited 15-calendar-day processing (Optional)

While employers typically pay this optional fee, there’s no legal requirement for them to use premium processing. Some employers may ask employees to cover this cost if the employee requests expedited processing for personal reasons, though this practice varies by company.

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Timeline for F-1 to H-1B Transition

The transition from F-1 to H-1B follows a general timeline, though processing times can vary:

H-1B Fiscal Year Timeline

• March: H-1B registration period (exact dates announced annually by USCIS)
• Late March/Early April: Lottery selections announced
• April 1 to June 30: Filing period for selected H-1B petitions
• April to September: USCIS processing of H-1B petitions
• October 1: H-1B employment start date (beginning of fiscal year)
• Until April 1 (following year): Cap gap extension period under new regulations

Processing Times

Standard processing for H-1B petitions can take 4-8 months. Processing times vary based on:

• The USCIS service center handling your case
• Current case backlogs
• Requests for evidence (RFEs)

Processing times for changing from an F-1 visa to an H-1B visa can vary depending on factors such as your employer, the service center reviewing your case, and the current case backlog at USCIS. You can check the current processing times for a change of status to an H-1B visa at specific USCIS service centers here.

Premium Processing Option

Premium processing guarantees a response from USCIS within 15 calendar days for an additional fee ($2,805). This expedited service doesn’t guarantee approval, but can ensure faster processing.

You can check USCIS’ page on premium processing to check your eligibility and talk to your employer about whether it is the right option for your application.

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Understanding the H-1B Cap Gap Extension

The “cap gap” refers to the time between when the employee’s F-1 Optional Practical Training (OPT) expires and their H-1B status begins on October 1. Without special provisions, many students would face a lapse in legal status during this transition. We’ve included specific guidance for both international students and HR professionals to help ensure a smooth transition.

What is the Cap Gap Extension?

The cap gap extension automatically extends F-1 status and, if applicable, work authorization while waiting for an applicant’s H-1B status to begin.

• For HR Managers: Verify your employee’s cap gap eligibility before their OPT expires. Their updated I-20 showing the cap gap extension serves as valid proof of continued work authorization.
• For F-1 Students: Contact your DSO promptly after your employer files your H-1B petition to request your cap gap I-20.

Eligibility for Cap Gap Extension

To qualify for a cap gap extension, your H-1B petition must meet these requirements:

• Be properly and timely filed for a cap-subject position
• Request a change of status (not consular processing)
• Be filed during the H-1B filing period (beginning April 1)
• Be filed while you’re still in F-1 status, including:
  • During your academic program
  • During authorized post-completion OPT
  • During your 60-day grace period after completing studies or OPT

Your H-1B petition must be based on a valid, selected registration for the same fiscal year.

Simply being selected in the lottery is not enough. Your employer must file the complete H-1B petition for you to qualify.

• For HR Managers: File H-1B petitions well before your employee’s OPT expiration date. If filing during their grace period, note they will not be authorized to work during the cap gap.
• For F-1 Students: Confirm that your employer is filing for a change of status, not consular processing, as only change of status qualifies for cap gap.

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Work Authorization During Cap Gap

Your ability to work during the cap gap period depends on your status when the H-1B petition was filed:

If your employer filed your H-1B petition while:	Then:
You were on active OPT or STEM OPT	Your work authorization automatically extends until your H-1B starts or until April 1, whichever comes first
You were in your 60-day grace period after OPT	Your F-1 status extends but you CANNOT work during the cap gap period

Proof of Work Authorization

The cap-gap extension of OPT is automatic for eligible students. You will not receive a new Employment Authorization Document (EAD) for this extension period.

Your proof of continued employment authorization is an updated Form I-20 (“Certificate of Eligibility for Nonimmigrant Student Status”) showing the OPT extension, issued by your Designated School Official (DSO). While this updated I-20 isn’t technically required to continue working, it serves as important evidence of your authorization.

Documentation: Getting Your Updated I-20

An updated I-20 from your DSO serves as valuable proof of your cap gap extension.

How to Get Your Cap Gap I-20:

1. Contact your DSO as soon as your employer confirms the H-1B petition filing
2. Provide evidence of the filing, such as:
   • Copy of the H-1B petition
   • FedEx, UPS, or USPS Express/certified mail receipt
3. After receiving the H-1B receipt notice (Form I-797C), return to your DSO with a copy
4. Your DSO will issue another updated I-20 showing the extension until April 1

The updated I-20 will include details about your H-1B petition and cap gap extension on page 2. This document is important for:

• Employment verification with your employer
• Driver’s license renewal in some states
• Proof of legal status for various purposes

Students will NOT receive a new EAD card for the cap gap extension. The updated I-20 serves as the primary proof of extended status and work authorization.

• For HR Managers: Request a copy of the updated I-20 for your I-9 compliance records. Accept this document as evidence of continued work authorization.
• For F-1 Students: Keep both digital and physical copies of your updated I-20. Bring this document when applying for driver’s license renewals or other benefits that require proof of status.

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Travel Considerations During Change of Status

International travel during this period requires careful planning to avoid status complications.

Travel While H-1B Petition is Pending

Students should not travel outside the U.S. while their change of status petition is pending.

If a student travels outside the United States while their H-1B petition and change of status request remain pending, USCIS will consider the change of status request abandoned. While the H-1B petition might still be approved, the student would need to:

• Apply for an H-1B visa at a U.S. consulate abroad
• Re-enter in H-1B status before beginning employment

Even with a cap gap I-20 and valid F-1 visa, attempting to re-enter while an H-1B petition is pending could result in denial of admission.

• For HR Managers: Advise employees to postpone international travel while their H-1B petition is pending. If travel is unavoidable, consider consular processing instead of change of status.
• For F-1 Students: Plan any necessary international travel for before your employer files the H-1B petition or after it’s approved.

Travel After H-1B Approval but Before October 1

Students may generally travel abroad and re-enter the U.S. in F-1 status after their H-1B is approved if:

1. Their H-1B petition and change of status has been approved
2. They seek readmission before their H-1B status takes effect (before October 1)
3. They seek readmission before their H-1B status takes effect (before October 1)

Remember:

• After October 1, students will need an H-1B visa stamp to re-enter
• The F-1 visa is no longer valid for entry from October 1 forward
• The final decision on admission is always made by Customs and Border Protection (CBP) officers

• For HR Managers: If employees must travel after H-1B approval but before October 1, provide them with a copy of their approval notice and an employment verification letter.
• For F-1 Students: Carry your approved H-1B petition notice, current I-20, and proof of continued F-1 status if traveling after approval but before October 1.

Travel After H-1B Status Begins

After October 1, when H-1B status officially begins, the student must have an H-1B visa stamp in their passport to re-enter the U.S.

Carry these documents when traveling:

• Valid passport (with at least six months validity)
• Original H-1B approval notice (Form I-797)
• Valid H-1B visa stamp (unless you’re visa-exempt, like Canadian citizens)
• Employer letter confirming current employment
• Recent pay stubs

• For HR Managers: Provide employees with an employment verification letter on company letterhead for international travel. Include job title, salary, employment dates, and your contact information.
• For F-1 Students: Allow sufficient time to obtain an H-1B visa at a U.S. consulate before returning. Appointment wait times can be lengthy at certain consulates.

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Maintaining F-1 Status During Cap Gap

During the cap gap period, students remain in F-1 status and must continue to meet all requirements:

• Keep contact information updated with the DSO within 10 days of any change
• Report any employment changes within 10 days
• Ensure the SEVIS record remains active
• Maintain valid documentation

Unemployment Limits Still Apply

The unemployment limits for OPT continue during the cap gap period:

• Regular post-completion OPT: Maximum 90 days of unemployment
• STEM OPT extension: Additional 60 days (total of 150 days)

If students exceed these limits, they may fall out of status.

• For HR Managers: Be aware that terminating an employee during the cap gap could cause them to exceed unemployment limits. If termination is necessary, withdraw the H-1B petition promptly.
• For F-1 Students: Track your unemployment days carefully. If you lose your job during cap gap, seek new employment quickly or consider other options to maintain status.

STEM OPT Extensions During Cap Gap

If a student is eligible for a cap gap extension and is also eligible for a STEM OPT extension:

• They can apply for the STEM OPT extension during their cap gap period
• They cannot apply for STEM OPT once the cap gap is terminated and they’ve entered the 60-day grace period

STEM OPT students must continue submitting required validation reports every six months and reporting any changes to their training plan during the cap gap period.

• For HR Managers: Be aware of STEM OPT reporting requirements and help facilitate completion of the required forms.
• For F-1 Students: Consider applying for STEM OPT as a backup plan in case your H-1B petition is denied.

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After H-1B Approval

Once the H-1B petition is approved, several important changes occur.

Automatic Status Change

The student’s status changes from F-1 to H-1B automatically on October 1 (or the approved start date).

This change happens whether the student is physically in the U.S. or abroad, though re-entry requires an H-1B visa.

• For HR Managers: Update HR systems to reflect the new status beginning October 1. Complete a new I-9 form with the H-1B approval notice as evidence of work authorization.
• For F-1 Students: On October 1, your immigration status officially changes. Keep your H-1B approval notice as proof of your new status.

Documentation and Employment Verification

The employer will receive Form I-797A (Notice of Action) with the H-1B approval.

This document includes an I-94 attachment that serves as evidence of lawful status and work authorization.

• For HR Managers: The I-94 attached to the I-797A approval notice serves as List A documentation for I-9 purposes. This document is sufficient evidence of both identity and employment authorization.
• For F-1 Students: Request a copy of your approval notice for your personal records. You don’t need to visit a Social Security office to update your status. Make sure to get a copy from your employer for your records.

Social Security Number (SSN)

If you already have a Social Security Number from F-1 OPT employment, you don’t need a new one.

If you don’t have an SSN yet, you can apply once your H-1B status begins. Wait about 10 days after your H-1B start date before applying to ensure government systems are updated with your new status.

Other Updates to Consider

Remember to update:

• Driver’s license expiration date
• Health insurance information
• Banking records
• Housing documentation

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Handling Potential Problems

Despite careful planning, issues can arise during this transition. Here’s how to handle some common scenarios.

If Your H-1B Petition is Denied

If your H-1B petition is denied, rejected, revoked, or withdrawn during the cap gap:

• Your cap gap extension terminates immediately (the day USCIS issues the notification)
• You enter a 60-day grace period from the notification date
• During this time, you must depart the U.S., change status, or begin a new program

Example: If denied on April 15, 2025, you must take action by June 14, 2025.

Important: The 60-day grace period does not apply if:

• The denial was due to a status violation
• The denial was due to misrepresentation or fraud
• The petition was revoked based on a finding of status violation, fraud, or misrepresentation discovered after approval

In these cases, you must leave the U.S. immediately upon notification.

If Your Employer Withdraws the Petition

If your employer withdraws the H-1B petition during cap gap:

• Your extension ends immediately
• The 60-day grace period begins from the date of withdrawal

If Laid Off or Terminated Before H-1B Status Begins

If you’re laid off or terminated by your H-1B employer before your H-1B status officially begins:

1. You can retrieve any unused OPT if you have an unexpired EAD for post-completion OPT
2. Make sure your employer requests withdrawal of the H-1B petition before your status change goes into effect
3. Provide your DSO with a copy of the USCIS acknowledgment of withdrawal
4. Your DSO can then contact the SEVIS Help Desk to request a data fix to prevent termination in SEVIS

You can continue working with your approved EAD while the data fix is pending if:

• The H-1B petition was withdrawn before the H-1B effective date
• You find appropriate OPT employment
• Your OPT period is unexpired
• Your DSO has requested the data fix in SEVIS

Critical Steps After Denial

Action Item	Deadline	Key Considerations
Consult immigration counsel	Within 7 days	Assess appeal/re-filing options
Notify your DSO	Within 10 days	Required for SEVIS record updates
Finalize departure plans	Before grace period ends	Maintain proof of departure intent
I-20 transfer requests	Before grace period ends	Requires admission to new program

Travel Restrictions After Denial:

• You cannot re-enter the U.S. on your F-1 visa after cap gap termination
• International travel during this period effectively ends your immigration status

The Bottom Line

The transition from F-1 to H-1B status marks an important milestone in your immigration journey. Stay informed, follow procedures carefully, and consult with your DSO and employer’s immigration attorney with specific questions about your situation.

Additional Resources

For more detailed information, please refer to these official resources:

• USCIS H-1B Specialty Occupations
• USCIS Cap Gap Extension Information
• USCIS H-1B Cap Season
• Study in the States – H-1B Status and Cap Gap
• Check USCIS Processing Times

Your university’s international student services office is also an invaluable resource for guidance specific to your situation.

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