How to Change From F-1 to H1B Status: The Ultimate Guide for International Students & HR Managers

For many international students in the U.S. on an F-1 visa, maintaining their nonimmigrant status while pursuing their career goals is crucial. They want to build a career in the U.S., work in their field, and maybe even pursue a green card in the long term. One common route is changing status from an F-1 student visa to an H-1B work visa—a work visa for professionals in specialty occupations.

While the process can be complex, with planning, the right employer, and attention to deadlines, it’s absolutely achievable.

This detailed guide will walk you through:

What the F-1 and H-1B visas are
How Optional Practical Training (OPT) fits in
The full change of status process
Requirements, documents, fees, and strategies
What to do if your H-1B is denied
How an immigration lawyer can help

Key Steps:

Secure a Job Offer: From a U.S. employer in a “specialty occupation.”
H-1B Lottery Registration: Typically held each March. Employers register candidates online.
File Labor Condition Application (LCA): Employer files LCA with the U.S. Department of Labor.
Submit H-1B Petition (Form I-129): Includes request to change status from F-1 to H-1B, also known as a status petition.
Cap Gap Extension (if needed): Automatically extends F-1 status and OPT in some cases.
Status Change on October 1: H-1B status starts at the beginning of the fiscal year.

For HR Managers: Keep open communication with your F-1 hires and monitor petition filing timelines.

For Students: Stay organized with documents, deadlines, and communications from your employer and DSO.

H-1B Visa Overview: Your Next Step

The H-1B visa is a nonimmigrant work visa for individuals in specialty occupations. It allows U.S. employers to hire skilled foreign professionals.

Who Qualifies?

You must have a bachelor’s degree or higher (or equivalent work experience).
The job must be in a specialty occupation (e.g., engineering, IT, medicine, finance, etc.), which requires a bachelor’s degree as a minimum entry requirement into the profession. The H-1B is a specific visa category designed for professionals in specialty occupations.
You need a U.S. employer willing to sponsor your H-1B petition.
Department of Defense (DoD) Cooperative Research Workers
Fashion Models: With distinguished merit and ability.

Quick Facts:

Annual cap: 65,000 regular H-1Bs + 20,000 for advanced degree holders.
Petitions open annually around March, with a LOTTERY. The employer can enter your name into the lottery, and if you win, the employer can file the H1B petition with USCIS. If USCIS grants the H1B petition, H1B status begins on October 1st.
Employers must pay at least the prevailing wage for your job and location.

Key Benefits of the H-1B Visa:

Work legally in the U.S. for up to 6 years (initial 3 years + 3-year extension)
Gain practical and professional experience
Engage in roles that require both theoretical and practical application of specialized knowledge
Bring dependents (spouse and children) on H-4 visas
Travel in and out of the U.S. while maintaining status
Apply for a green card through employment-based sponsorship

Learn more from the USCIS H-1B Visa Overview

What Is an F-1 Visa?

The F-1 visa is a nonimmigrant student visa for international students enrolled full-time in U.S. academic institutions.

How You Get It:

You must be admitted to a SEVP-approved school, which will issue Form I-20.
You then apply for the F-1 visa either through consular processing abroad or through change of status within the U.S.

Maintaining Status:

Remain enrolled full-time
Do not work off-campus without authorization
Follow all visa regulations (address updates, travel endorsements, etc.)

For details, visit the Study in the States F-1 Guide

Pathways from F-1 to H-1B: Your Two Main Options

There are two main ways to transition from F-1 to H-1B:

1. F-1 → OPT → H-1B

Use Optional Practical Training (OPT) after graduation to work temporarily.
Find an H-1B sponsoring employer during your OPT period.

2. Direct F-1 → H-1B

If you already have a job offer, you may skip OPT and go straight to H-1B.

Can I Skip OPT and Go Directly to H-1B?

Yes, but:

You must have graduated and found an H-1B employer before your F-1 status or grace period ends.
You must not work unless authorized under OPT or H-1B.

What Is Optional Practical Training (OPT)?

OPT is a temporary work authorization that allows F-1 students to gain practical experience in their field of study.

Types of OPT:

Pre-Completion OPT: Part-time during school
Post-Completion OPT: Full-time after graduation

Eligibility Steps:

Request OPT authorization from your Designated School Official (DSO)
Receive OPT recommendation in your SEVIS record
File Form I-765 to get your Employment Authorization Document (EAD)
File Form I-765 Online

STEM OPT Extension:

If your degree is in a STEM field, you may be eligible for a 24-month OPT extension
More on STEM OPT

Requirements for Changing from F-1 to H-1B

To make the transition, you must meet both educational and legal criteria.

Eligibility Checklist:

A U.S. degree or a foreign equivalent in a relevant field
A job offer from a U.S. employer in a specialty occupation
Licenses or certifications if required for your field (e.g., teaching, law, medicine)
Optionally, relevant work experience may substitute for part of your degree

Who Can Apply for a Change of Status?

You can apply if you:

Were lawfully admitted to the U.S. on a valid nonimmigrant visa.
Are still within your period of authorized stay (check your I-94 Arrival/Departure Record).
Have not violated the terms of your visa.
Have not committed any crimes that would disqualify you.

Tip: Apply as early as possible — don’t wait until the last minute!

Step-by-Step: How to Change Status from F-1 to H-1B

1. Secure a Job Offer from a U.S. Employer

The employer must be willing to sponsor you, enter the lottery (if a cap-subject employer), and file the H-1B petition on your behalf.

2. Employer Files a Labor Condition Application (LCA)

Before filing the H-1B petition, your employer must file an LCA (Form ETA 9035) with the U.S. Department of Labor.

Details in the DOL H-1B Labor Condition Application Guide

3. Employer Submits Form I-129 to USCIS

This form requests a change of status and must include:

Approved LCA
Job offer and description
Evidence of your qualifications

You cannot file this yourself. Only the employer can.

Understanding the H-1B Lottery and Cap

Each fiscal year in March, USCIS holds a randomized lottery due to high demand.

Regular Cap: 65,000 visas
Master’s Cap: 20,000 for U.S. master’s/PhD holders

H-1B Lottery Registration Fee: $215 per registration

If selected, your change of status can begin on October 1st.

Timeline: F-1 to H-1B Transition in 2025

Date/Event	Activity
March 2025	H-1B lottery registration period
Late March/Early April	Lottery results announced
April to June 2025	Employers file petitions (Form I-129)
April to Sept 2025	USCIS processing period
October 1, 2025	Start of H-1B status
April 1, 2026	End of extended cap gap status (new rule)

Check USCIS Processing Times

What is Cap-Gap Extension?

The cap gap period allows F-1 students with pending H-1B petitions to stay and work in the U.S. after OPT expires and before H-1B begins.

If your OPT ends before October 1 and your H-1B is selected, the Cap-Gap extension lets you remain in the U.S. legally until H-1B status begins.

You must file for the Cap-Gap through your school’s DSO.
This only applies if your H-1B petition was filed before your OPT expired.

Learn about the Cap-Gap Extension

Cap gap extensions now last until April 1 of the following year, a major expansion from the previous October 1 limit.

Eligibility Requirements:

Petition must request Change of Status, not consular processing
Petition must be filed before OPT expiration
Petition must be for the same fiscal year as your H-1B selection

Work Authorization During Cap Gap:

Petition Filed While…	Can You Work?
On active OPT or STEM OPT	Yes
During 60-day grace period	No

Proof of Authorization:

Updated I-20 issued by DSO showing cap gap extension
No new EAD is issued

Cap Gap Explained by DHS

How to Request Your Cap Gap I-20

Ask your employer for proof of filing (receipt notice or courier confirmation)
Give proof to your DSO to issue updated I-20
When the receipt notice (Form I-797C) arrives, bring it to the DSO for a final update

Keep both digital and physical copies of the updated I-20 for:

Driver’s license renewal
Employment verification
Travel records

In Case of H-1B Denial or Withdrawal

Event	Result	Action Needed
Denial, revocation, or withdrawal	Cap gap ends immediately	60-day grace period begins
Denial due to violation/fraud	No grace period allowed	Depart U.S. immediately

If Petition Is Withdrawn:

Provide DSO with withdrawal confirmation
DSO can request a SEVIS data fix
You may continue on unexpired OPT if eligible

What Documents Are Needed for the H-1B Petition?

Your employer will submit a full application packet that may include:

Documents You Provide:

Your updated resume
Diploma and transcripts
Copies of all I-20s
Employment Authorization Document (EAD) if on OPT
I-94 Arrival/Departure Record
Copies of passport and visa
Signed job offer letter
Proof of prevailing wage compliance

How Dependents Can Obtain H-4 Status: Change of Status or Consular Processing

The H-4 visa is a dependent visa for the immediate family members (spouse and unmarried children under 21) of H-1B visa holders. If you are eligible for H-4 status, you can obtain it either through a change of status while inside the United States or via consular processing from abroad.

Option 1: Change of Status in the U.S.

If you are already in the U.S. on a different nonimmigrant visa (such as F-1 or B-2), you may apply for a change of status to H-4 without leaving the country. To do so:

File Form I-539 with U.S. Citizenship and Immigration Services (USCIS)
Submit documentation, including:
- Copy of the H-1B holder’s approval notice (Form I-797)
- Your passport, I-94, and proof of relationship (e.g., marriage or birth certificate)
- A letter of explanation and financial support evidence

You must remain in valid status while the application is pending. If approved, your status will change to H-4 without the need to leave the U.S.

Option 2: Consular Processing Abroad

If you are outside the U.S. or prefer to apply from abroad, you will go through consular processing:

Complete the DS-160 form online
Pay the visa fee and schedule a visa interview at a U.S. consulate
Attend the interview with:
- Passport
- DS-160 confirmation
- H-1B holder’s approval documents
- Proof of relationship
Once approved, your H-4 visa will be stamped in your passport

You may then enter the U.S. in H-4 status.

Learn more: USCIS I-539 Info | H-4 Visa Info

H-4 holders may also be eligible for work authorization under certain conditions.

Wait for H1B Approval

If approved while you’re still in the U.S., your status automatically changes on October 1.
If denied or filed after your F-1 grace period, you may need to leave and re-enter on an H-1B visa (via consular processing).

What Happens if the H-1B is Denied?

Denials can happen due to:

Incomplete documentation
Job not qualifying as a specialty occupation
Degree not matching job requirements
Ineligibility employer
Insufficient documentation
Timing issues

Your Options After a Denial:

Appeal or refile (with help from a lawyer)
Apply for another visa type
Leave the U.S. and reapply from abroad

Tip: Always consult a qualified immigration attorney to avoid preventable errors.

Consular Processing: F-1 to H-1B from Abroad

If you’re outside the U.S. or unable to stay through cap-gap:

Wait for H-1B approval from USCIS.
Apply for a visa at a U.S. consulate.
Attend your visa interview.
Receive an H-1B visa stamp and re-enter the U.S.

This is often referred to as H-1B stamping.

DS-160 Application for a Nonimmigrant Visa

Estimated H-1B Visa Fees (Paid by Employer)

Fee Type	Amount

Base Filing Fee	$460 ($780 if more than 25 employees)
ACWIA Training Fee	$750 ($1,500 if more than 25 employees)
Fraud Prevention Fee	$500
Asylum Fund Fee	$300 ($600 if more than 25 employees)
Optional Premium Processing	$2,805 (USCIS expedites within 15 days vs. 4.5 to 10 months for conventional processing)(can be paid by employee)

For up to date info on filing fees, see USCIS website.

Check USCIS Premium Processing Info

Note: These fees, exception for premium processing, must be paid by the employer and cannot be passed to the employee.

Employee-Paid Fees (If Applicable)

MRV (Visa Stamping) Fee: $205, paid to the U.S. Department of State
Dependent H-4 Visas: Each dependent pays $205 MRV fee
Dependent H-4 I-539 change of status; $470 by mail; $420 online

When to Start the Process

Start looking for a job and employer sponsorship as early as your final academic year. If you wait until after OPT ends, you may miss your window.

Documents Required to Change Status (F-1 to H-1B)

Document	Description
Form I-129	Main petition form (filed by your employer)
Copy of F-1 Visa	From your passport
I-20 Forms	Especially the most recent
I-94 Record	Get it online
EAD Card (if on OPT)	Employment Authorization Document
Job Offer Letter	With salary, duties, and job title
LCA Certification	Labor certification from the DOL
Proof of Graduation	Degree and transcript
Company Proof	Website, tax returns, incorporation certificate

Travel During the F-1 to H-1B Transition

While Petition Is Pending:

Do not travel internationally. Your change of status will be deemed abandoned.

After Approval, Before Oct. 1:

You may re-enter in F-1 status with:
- Valid F-1 visa
- Current I-20
- H-1B approval notice
- Proof of intent to resume student status

After Oct. 1 (H-1B Active):

Re-entry requires:
- H-1B visa stamp
- Passport valid for at least 6 months
- Original H-1B approval (Form I-797)
- Employment verification letter

Maintaining Status During Cap Gap

Keep SEVIS record active
Report address changes within 10 days
Stay within OPT unemployment limits:
- Regular OPT: Max 90 days
- STEM OPT: Additional 60 days (Total: 150 days)

If Laid Off During Cap Gap:

Employer must withdraw H-1B
Cap gap ends immediately
You enter a 60-day grace period (unless disqualified by status violation)

After H-1B Approval

Automatic Status Change:

Status shifts from F-1 to H-1B on October 1
New I-9 form must be completed using Form I-797A and attached I-94

SSN & Documentation:

If you already have an SSN, no need to apply again
If you don’t, wait 10 days after H-1B starts, then apply
Update:
- Driver’s license
- Health insurance
- Employer HR systems
- Banking info

Next Steps for Employers:

Begin registration planning in January
Employees’ OPT and cap gap timelines
Consider premium processing when deadlines are tight

Next Steps for Students:

Maintain active status
Confirm petition details with your employer
Speak with your DSO regularly

Why Work with an Immigration Lawyer?

The F-1 to H-1B transition is full of strict deadlines, nuanced eligibility rules, and high stakes.

An experienced immigration attorney can help you:

Assess eligibility and timing
Prepare evidence and filings
Maximize your chance of approval
Respond to denials or RFEs (Requests for Evidence)

An experienced immigration attorney can help you:

Avoid delays or rejections
Understand Cap-Gap and STEM OPT nuances
Build a long-term strategy for a green card

FAQs: Changing from F-1 to H-1B Status

What is an H-1B visa, and how is it different from an F-1 visa?

An F-1 visa is for full-time academic students, while an H-1B is a nonimmigrant work visa for foreign nationals employed in specialty occupations requiring at least a bachelor’s degree or equivalent.

Can I change status from F-1 to H-1B without leaving the U.S.?

Yes. If your H-1B petition is filed as a “Change of Status” and approved, your status automatically changes to H-1B on October 1 without leaving the U.S.

Do I need to be in OPT or STEM OPT to apply for H-1B?

Not necessarily, but most F-1 students apply for H-1B while on OPT or STEM OPT, allowing them to work while waiting for their H-1B status to begin.

What is the H-1B cap, and how does it affect F-1 students?

The regular H-1B cap is 65,000, with an additional 20,000 reserved for U.S. master’s degree holders. If you apply under the cap, your petition must be selected in the annual H-1B lottery, usually held in March.

What is cap-gap extension, and how does it help F-1 students?

Cap-gap allows students whose OPT/STEM OPT expires between April 1 and September 30 to extend their F-1 status and work authorization until their H-1B begins on October 1, if their H-1B petition is filed on time and selected.

What documents are needed to change from F-1 to H-1B?

The employer submits:

Form I-129
Labor Condition Application (LCA)
Job offer letter
Evidence of degree and qualifications
F-1 visa status documents (I-20, EAD card, I-94)
Passport copy
If applicable, OPT/STEM OPT documents

Can I file my own H-1B petition as an F-1 student?

No. H-1B petitions must be filed by a U.S. employer on your behalf. Self-sponsorship is not permitted under H-1B rules.

Can I switch employers while waiting for my H-1B to begin?

You can change employers while on OPT/STEM OPT. However, once your H-1B is filed for a specific employer, switching before October 1 can disrupt the cap-gap and change of status process. After October 1, you may change H-1B employers through a transfer.

What happens if my H-1B is not selected in the lottery?

You can remain in the U.S. on valid OPT/STEM OPT (if eligible) or consider alternatives such as:

STEM OPT extension
Cap-exempt H-1B employment
Other visa categories (e.g., O-1, L-1, or enrollment in another academic program)

Do I need to maintain my F-1 status after my H-1B is approved?

If your change of status is approved and you remain in the U.S., you must maintain your F-1 status until the H-1B becomes effective (October 1). This includes meeting all OPT/STEM OPT reporting and employment requirements.

Can I travel internationally after my H-1B is approved but before October 1?

It is generally risky to travel outside the U.S. after your H-1B is approved with change of status and before October 1. Exiting the U.S. may cancel the change of status request. You would then need to obtain an H-1B visa abroad and re-enter the U.S. in H-1B status after October 1.

If I leave the U.S. during cap-gap, can I re-enter?

No. Cap-gap is only valid while you remain in the U.S. If you leave, you cannot re-enter on F-1. You must apply for an H-1B visa and re-enter on or after the H-1B start date.

What is the difference between H-1B change of status and consular processing?

Change of status allows you to transition directly from F-1 to H-1B inside the U.S. without leaving. Consular processing requires you to get an H-1B visa at a U.S. consulate abroad and re-enter the U.S. to activate H-1B status.

Do I have to stop working if my OPT expires and my H-1B is pending?

If you are eligible for cap-gap and your H-1B petition was timely filed, you can continue working until September 30, even if your OPT expires.

What if my H-1B petition is denied?

If your change of status is denied, your cap-gap work authorization ends immediately. You must stop working and may have a 60-day grace period to remain in the U.S. or depart, depending on the denial reason and remaining status.

Can I pursue part-time studies or a second degree while on H-1B?

Yes, you can study while in H-1B status, but your primary purpose must be employment. You cannot be a full-time student or change status back to F-1 without applying separately.

Can I stay in the U.S. between F-1 and H-1B if my OPT ends early?

If you don’t qualify for cap-gap and your OPT ends before October 1, you may not be able to remain in the U.S. unless you change to another valid status or leave and return later on an H-1B visa.

Is there a grace period after my OPT expires if I don’t get H-1B?

Yes. You typically have a 60-day grace period after your OPT or STEM OPT ends to leave the U.S., change status, or transfer to another academic program, assuming you maintained status throughout.

Can a nonprofit or university sponsor me for a cap-exempt H-1B?

Yes. Certain nonprofit research organizations, universities, and government research institutions are exempt from the H-1B cap and can file at any time of year.

How does the STEM OPT extension impact my H-1B timeline?

STEM OPT provides an additional 24 months of work authorization beyond the initial 12-month OPT. This increases your chances of being selected in the H-1B lottery over multiple years and extends your cap-gap eligibility.

Can I volunteer while waiting for my H-1B to begin?

You can only work if authorized. Volunteering in a position that normally pays wages could be seen as unauthorized employment. Always consult with your DSO or an immigration attorney.

Can my spouse work if I change from F-1 to H-1B?

Your spouse can change from F-2 to H-4 status. H-4 visa holders are not automatically allowed to work, but may apply for work authorization if you have an approved I-140 or are in certain stages of the green card process.

Can I apply for a green card while on H-1B?

Yes. Unlike F-1, the H-1B allows “dual intent,” meaning you can apply for permanent residency (a green card) without violating your visa status.

What happens if I lose my job while on H-1B after transitioning from F-1?

You have a 60-day grace period to find a new H-1B employer (who must file a transfer petition), change to another status, or depart the U.S.

Can I work for multiple employers under H-1B after changing from F-1?

Yes, but each employer must file a concurrent H-1B petition, even if you are already in H-1B status.

Does CPT affect my H-1B eligibility?

Excessive CPT use or CPT at multiple levels can raise red flags with USCIS. If you used CPT without maintaining proper student status, your H-1B change of status could be denied.

How many times can I apply for the H-1B lottery while on F-1 status?

As long as you maintain valid F-1 status (including OPT or STEM OPT), you can apply for the H-1B lottery each year. Many students apply multiple times.

Should I use consular processing instead of change of status?

You might consider consular processing if:

You plan to travel before October 1
Your F-1 status has already ended
You want to delay H-1B activation

However, this means you must leave the U.S. and get an H-1B visa stamp abroad.

Why Choose Herman Legal Group for Your F-1 to H-1B Strategy?

Proven Experience in H-1B and Student Visa Transitions

Over 25 years of immigration law experience across all employment-based and student-related visa categories.
Extensive experience helping F-1 students transition to H-1B through OPT, STEM OPT, and cap-gap planning.
Deep understanding of USCIS policies, H-1B lottery strategy, and employer compliance.

National Recognition and Leadership

Led by Attorney Richard Herman, a nationally known immigration lawyer featured by CNN, NPR, Forbes, and The New York Times.
Recognized for innovative immigration solutions for both individuals and employers.
Invited speaker at universities and business conferences on F-1, OPT, STEM, and H-1B transitions.

Tailored Guidance for Students

Strategic advice on H-1B timing, cap-gap eligibility, and avoiding gaps in status.
Expertise in navigating travel risks, consular processing, and complex case scenarios.
Careful review of CPT/OPT history to avoid RFEs or denials.

Trusted by U.S. Employers and HR Teams

Advises corporate HR departments, universities, and research institutions on filing cap-subject and cap-exempt H-1Bs.
Ensures full compliance with LCA requirements, wage-level analysis, and position qualifications.
Offers step-by-step guidance to make the process smooth for both the student and employer.

Comprehensive Legal Support

Assistance with:
- H-1B petitions (Form I-129)
- Change of status strategy
- Consular processing alternatives
- Cap-exempt H-1B filings
- STEM OPT extensions and related filings
- Ongoing legal support for portability, H-1B transfers, and future green card planning.

Flexible, Accessible Consultations

Consultations available via Zoom, WhatsApp, Skype, FaceTime, or in-person.
Services offered in multiple languages to accommodate international clients.
Nationally available legal support — no need to be in Ohio to work with the firm.

Ready to Make Your Move? Talk to the Experts.

Book your consultation with Attorney Richard Herman today:

Call: 1-216-696-6170
Schedule Online
Available virtually or in-office

Let the Herman Legal Group help you take the next big step in your immigration journey — with confidence, clarity, and the power of experience on your side.

Helpful Resources