Issues For F1 And H1B

The F-1 visa holder international students are permitted to work only if the certain criteria and conditions are met. The F-1 visa holders have the benefit of changing to H1B visa if they meet the conditions required for it. The change of status is permitted for international students to the category of part time and the full time working. An H-1B status is a category for temporary workers who are to be temporarily employed in specialized occupations. A specialty occupation is defined as one that requires the theoretical and practical application of a body of highly specialized knowledge and which requires the attainment of a bachelor’s degree or higher in some specially recognized course in United States of America.


You may prefer to see:


The issues with the change of status is to find the right employer who is willing to provide sponsorship and file the petition for the respective candidate. This has to be the first step which has to be carried out efficiently to avoid the repetition of process.

If the H1B petition is approved then only the candidate is granted to have the H1B status and take the advantage of its related benefits. On the approval of the H1B visa the individual candidate is permitted to stay in United States for maximum six years. The total time period is limited which cannot be further extended unless the candidate/employee files for the Green Card during the stay in USA after five years of living in USA.

Another problem out of various issues that hinders that H1B visa is the cap gap and limitation on the quota of the total number of H1B visa granted every year. H1B visa keeps renewing every year and takes into effect in the October month every year.

This is the date when the people who are granted the H1B visa can start their work. The H1b visa granters cannot work for their employers unless their visa gets into effect. If the person applying for the H1b visa is an international student holding the F1 visa status, then his work permit for OPT must have ended with the end of term. This is the gap where the respective student has no legal work authorization. The student must have almost the F1 status in this gap and will not be having the H1B work status. The duration between end of the legal OPT period and start of legal H1B visa work authorization is regarded as the gap. The kind of law which ensures regulation in the work period is known as “cap-gap” extension.


It is preferable to know about:


The advantage of OPT extension can only be taken if the student files for the H1B visa while the OPT work period has not expired. This process allows the student to work unless the legal procedure for the H1B visa has been completed. The rules for the extension are strict, if the petition for the H1B visa has been filed in the duration when OPT has expired then extension is not permitted. This period allow the person to stay in USA but does not give permission to work.

If at any case the visa application gets denied then the candidate gets the liberty to stay in the USA enjoying the grace period of 60days completing the incomplete task and the remaining procedure.

Other kind of problem is the traveling issue faced while the student is on the F1 visa status and additionally going through the cap-gap extension. Travelling outside the USA is prohibited and the penalty can be rejection of visa.

Once after the H1B petition has been filed the person should report the DSO with the required proof of filed application from USCIS. The received receipt can act as a proof to show in the office. The DSO will issue a cap-gap I-20 indicating the continued extension of F-1 visa status. If person needs to travel abroad, he will need to apply for H1B visa and enter no more than 10 days before 1st October if H1B petition gets approved. Travelling requires to be completed in time and return back to USA as soon as possible.

For more F1 visa jobs visit OPT Nation’s website and find the best employer providing the sponsorship for the international students.

Leave a Reply

Your email address will not be published. Required fields are marked *