
You may already appreciate the experiences and opportunities the United States has offered you as a student alone. So, understandably, you may not want your graduation day also to be marked as the day that you must depart from the country. For this, you must take preventative measures and work to convert your visa status ahead of time. That said, please continue reading to learn how to change your visa status from F-1B to H-1B and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you execute this legally.
What is the difference between F-1 and H-1B visa statuses?
You may have originally entered the United States with an F-1 visa, which allows foreign nationals like yourself to study at an accredited educational institution. Once you earn your Bachelor’s degree at such an institution, you may qualify for an H-1B visa. This is a temporary work authorization visa designated for individuals like yourself, who can perform in specialty occupations usually requiring a Bachelor’s degree or higher, or an equivalent educational background.
How do I legally change my status from F-1 to H-1B?
You may be allotted a 60-day grace period after walking at your graduation and finally earning your Bachelor’s degree. But you must use this time wisely if you intend to convert from an F-1 visa status to an H-1B visa status, as this process entails multiple, extensive steps. Firstly, you must give yourself enough time to find a United States employer who is willing to offer you an employment opportunity and subsequently able to sponsor you for an H-1B visa.
From here, you must ensure this employer fills out and files Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This must be alongside submitting a Labor Condition Application (LCA) with the U.S. Department of Labor. Usually, if you are already legally present in the country on an F-1 visa, you do not need to depart to your home country while your H-1B petition is pending with the USCIS.
With all these things considered, you must have a valid F-1 visa status when your H-1B petition is filed, in addition to remaining in compliance with F-1 visa regulations while it is being processed. This either means maintaining full-time student status or continually participating in valid optional practical training (OPT). Lastly, once your H-1B petition is approved, your future employer may need to update your information with the International Student and Scholar Services office at your institution.
If you desire more clarity before you head into the immigration process, please do not wait any longer to reach out to a skilled work authorization permit lawyer in Milwaukee, WI. Retain the services of Sesini Law Group, S.C., today.
