The required document for recording a change of status from F-1 to H-1B is the Form I-797, Notice of Action, which serves as the official approval notice from the United States Citizenship and Immigration Services (USCIS). Along with the I-797, the applicant must submit Form I-129, Petition for a Nonimmigrant Worker, filed by the employer sponsoring the H-1B visa. Supporting documents such as the Form I-94, passport, and proof of employment may also be required to complete the change of status process.
Introduction to Change of Status: F-1 to H-1B
Changing your immigration status from F-1 student to H-1B specialty worker involves a specific legal process. This transition allows international students to work legally in the United States in their field of study.
The primary document required for recording this change of status is the Form I-797, Notice of Action, which confirms H-1B approval. Supporting documentation includes the approved Labor Condition Application (LCA) and the employer's petition filed with the United States Citizenship and Immigration Services (USCIS).
Overview of H-1B Visa Requirements
The required document for recording a change of status from F-1 to H-1B is the Form I-129, Petition for a Nonimmigrant Worker, filed by the prospective employer. This petition must be approved by the U.S. Citizenship and Immigration Services (USCIS) before the status change can take effect.
The H-1B visa is specifically designed for foreign workers in specialty occupations requiring theoretical or technical expertise. Applicants must hold at least a bachelor's degree or its equivalent related to the job offered to qualify for H-1B status.
Essential Forms for F-1 to H-1B Status Change
Changing your immigration status from F-1 to H-1B involves submitting specific government forms. Proper documentation is crucial to ensure the approval of your status change.
- Form I-129, Petition for a Nonimmigrant Worker - This form is filed by your prospective employer to request H-1B classification on your behalf.
- Form I-539, Application to Extend/Change Nonimmigrant Status - You may need to submit this form if you are applying for a status change within the United States.
- Form I-94, Arrival/Departure Record - This document verifies your current legal status and must be included in your status change application.
Immigration Status Documentation Checklist
Changing your immigration status from F-1 to H-1B requires specific documentation to ensure a smooth transition. Accurate and complete paperwork is essential for recording this change with the United States Citizenship and Immigration Services (USCIS).
- Form I-797 Approval Notice - This document proves that your H-1B petition has been approved by USCIS.
- Form I-94 Arrival/Departure Record - Provides evidence of your current lawful status in the U.S. as an F-1 visa holder.
- Passport with Valid Visa - A valid passport with your F-1 visa stamp is necessary for identity verification and status update.
Organizing these documents carefully will facilitate the successful recording of your status change from F-1 to H-1B.
Academic Records and Transcripts
| Required Document | Description |
|---|---|
| Academic Records | Official academic records demonstrating completion of relevant degrees or coursework are essential. These documents verify your educational qualifications that support eligibility for H-1B status. |
| Transcripts | Certified transcripts from accredited institutions provide detailed information about courses taken, grades earned, and degree conferral dates. Transcripts validate your academic achievements and are critical for USCIS evaluation during the change of status application. |
Employment Offer and Related Evidence
The required document for recording a change of status from F-1 to H-1B includes a valid employment offer from a U.S. employer. This offer must be supported by an approved Form I-129, Petition for Nonimmigrant Worker, filed by the employer with U.S. Citizenship and Immigration Services (USCIS). Evidence related to the job position, such as an employment contract or detailed job description, strengthens the application and confirms the bona fide nature of the employment offer.
Filing Fees and Payment Instructions
The required document for recording a change of status from F-1 to H-1B is Form I-129, Petition for a Nonimmigrant Worker. Filing fees and payment instructions must be carefully followed to ensure successful processing.
- Filing Fees - The base filing fee for Form I-129 is $460, with additional fees depending on employer size and specific visa categories.
- Payment Methods - Payment can be made via check, money order, or credit card using Form G-1450, Authorization for Credit Card Transaction.
- Submission Instructions - Fees must be payable to the U.S. Department of Homeland Security and submitted with the petition to the correct USCIS address.
Proof of Maintaining F-1 Status
Proof of maintaining F-1 status is a crucial document when recording a change of status from F-1 to H-1B. This proof typically includes Form I-20 endorsements, recent I-94 arrival/departure records, and transcripts or enrollment verification showing full-time enrollment. Maintaining valid F-1 status ensures the applicant's eligibility for seamless transition to H-1B status without interrupting lawful presence.
Common Mistakes in Documentation Submission
What is the required document for recording a change of status from F-1 to H-1B? The primary document required is the Form I-797, Notice of Action, which confirms the approval of the H-1B petition. Submitting your Form I-94 along with the I-797 is essential to verify your legal status during the transition.
What are common mistakes in documentation submission for an F-1 to H-1B change of status? Common errors include submitting incomplete forms, failing to attach the correct supporting evidence like the I-797 approval notice, and overlooking the filing deadlines. Mislabeling documents or sending outdated forms can delay or jeopardize the approval process.
What Is the Required Document for Recording Change of Status from F-1 to H-1B? Infographic
