Plan Ahead for Changing from F-1 to H-1 Status

Most F-1 students in the U.S. obtain one year of post-completion practical training upon earning their degrees. Since graduation typically takes place in May or June of each year, most of these students will have employment authorization cards that expire the following May or June. After the training period, some of those students will return to their home countries, while others may be sponsored for H1B temporary professional worker status to continue their work in the U.S.

As readers of the MURTHYBULLETIN are aware, there is an annual quota for H1Bs. If it were not for the quota, it would be quite reasonable to start the process for changing from F-1 to H1B status a few months before graduation, say in March. However, the later in the year the case is filed, the less chance there is of having an H1B approval within the current year’s quota.

In order to avoid anxiety and uncertainty, The Law Office of Sheela Murthy, P.C. recommends starting the H1B process as early as possible. INS regulations allow an H1B petition to be filed as much as six months in advance of the intended employment date. Therefore, for an F-1 whose employment card expires the end of May, the company can file the H1B petition as early as November of the prior year. Therefore, plan ahead, and begin the H1B process early.

© The Law Office of Sheela Murthy, P.C.