Change of Status: H-1B to F-1

The H-1B work visa serves as a gateway for foreigners to work in the United States, marking an important milestone for many international students pursuing career development in America. However, the 2019 pandemic and the "tech winter" of late 2022 have triggered massive layoffs, instilling deep uncertainty among H-1B holders.  What they are concerned about is not only the pressure of finding a new job but also the potential termination of their dependents’ H-4 status. Under such extraordinary circumstances, those unable to secure a job within the 60-day grace period often consider changing status as a lawful way to extend their legal stay in the U.S. Among the various options, the F-1 student visa is frequently preferred by H-1B holders looking to change their status.

Despite its limits, the F-1 visa remains a popular option for H-1B holders seeking to change their status for various reasons. You may consider shifting to an F-1 visa if you are an H-1B holder:

(1) who has been laid off from your H-1B job and has not found new employment within the 60-day grace period.

(2) who prefers not to be tied to a particular employer and seeks greater working flexibility (e.g. as an independent contractor).

(3) who aims to further your education or career by pursuing a PhD, MBA, or other graduate degrees. If you attend a STEM program, you may be eligible for a three-year OPT. It is important to note that you can get only one OPT per degree level, and you’ll not be eligible for an OPT if you have already worked full time under CPT for 12 months.

(4) who is approaching the six-year limit of H-1B and wishes to remain in the US by enrolling in a university.

1. When does the grace period begin?
The grace period begins immediately upon the termination of your employment, so you don’t need to file an application for it. According to the official statement of USCIS, the employment termination date is typically indicated by the employee’s final pay statement. When receiving severance pay after being laid off, your H1B status may remain valid throughout this period, even if you are no longer actively working for the company.
It is crucial, however, not to make assumptions about your employment end date. Instead, you should directly consult your employer for precise information and seek legal advice.

2. Can I use the H-1B grace period multiple times?
The 60-day grace period is available once for each H-1B authorization. If you secure new employment and your H-1B transfer is approved, you will receive a new 60-day grace period. Similarly, if you change to a different status and later return to H-1B, you will get a new grace period.

3. Can I use my grace period if my I-94 expires?
No, if your I-94 ends prior to the start date of your grace period, you will not get a grace period because your status becomes invalid. If your I-94 expires before the end date of your grace period, your grace period will be shortened to match the expiration date of your I-94. 

4. Can I work during the grace period?
No. Any form of employment, including starting your own business, is prohibited during the grace period.

5. Can I travel abroad during the grace period?
No. Leaving the U.S. during the grace period will immediately terminate it. It is advisable to postpone international travel plans during this time.

6. Can my H-4 spouse work with H-4 EAD during my H-1B grace period?
Generally, yes. As your H-1B status remains valid during the grace period, your H-4 dependent's status also remains valid, allowing them to work with an H-4 EAD. However, if your grace period is denied, your H-4 dependent will immediately lose their work authorization.

You should include the following information in your explanation letter:

• Current Status: Clearly state your present status and how you have maintained it.
• Reason: Specify the status you're applying for and provide a compelling rationale for the change.
• Plans After Changing Status: Outline your immediate intentions following the status change.
• Long-Term Plans: Briefly describe your future goals, including plans after your new status expires.
• Understanding of Immigration Policies: Demonstrate your awareness of the new status's end date and affirm your commitment to adhering to all USCIS regulations.
• Leave a Signature: Ensure you sign the letter to validate its contents.

You should pay attention to avoid the following pitfalls:

• Express Immigrant Intent: Avoid indicating any long-term plans to remain in the U.S., as change of status is for transitioning between nonimmigrant statuses.
• Misrepresent Your Original Entry Purpose: Maintain consistency with your initial visa purpose. For instance, if you entered on an H-1B, emphasize your original work intentions.
  

The processing time typically ranges from 3 to 8 months, varying based on individual circumstances. Collaborating closely with your school's Designated School Officials (DSOs) is crucial when planning your change of status application timeline.
For those seeking faster processing, premium processing is available for H-1B to F-1 status changes. This service guarantees a response from the USCIS within 15 calendar days of receiving all required materials. If the gap between your application submission and F-1 program start date is limited, premium processing can expedite the process, potentially reducing uncertainty and allowing for better planning.

1. Can I work as an F-1 students?
F-1 students have limited work options. You can work under CPT during an academic program and under OPT after graduation. Most schools require one year of study before CPT eligibility. If you want to work as soon as possible, you can consider Day 1 CPT schools, which allow immediate work authorization upon enrollment.

2. Is it necessary to leave the U.S. when changing from H-1B to F-1 status? 
No, you can apply for status change while in the U.S. However, if you prefer a faster process, you may choose to apply for an F-1 visa at a U.S. embassy or consulate abroad.

3. Should I consult an immigration attorney for the status change? 
Consulting an immigration attorney is highly recommended. They can provide expert guidance on the process, assist with documentation preparation, and help navigate potential legal complexities.

4. What are my options if my H-1B visa expires before F-1 approval?
If your H-1B expires before your F-1 status is approved, you may need to depart the U.S. and apply for an F-1 visa from your home country. Exceptions exist if you are granted authorized stay or have filed for a status extension.

5. Will I be eligible for OPT if I have already used CPT? 
Your OPT eligibility depends on your CPT usage and degree level. If you use full-time CPT for 12 months, you will not be eligible for OPT. However, it does matter if you have previously used OPT for that degree level.

6. Will a change of status have any impact on my future green card application? 
It will not impact your immigration application if you provide sufficient reason for the status change and fulfill academic requirements. In your explanation letter, you should emphasize that your CPT work is merely part of your academic training.