F-1 to H-1B Transition: Avoid These Costly Mistakes

When an F-1 student on OPT or STEM OPT is transitioning to H-1B, staying compliant with immigration regulations is more critical than ever.

Many students unknowingly violate their F-1 status, risking H-1B denial, loss of employment, or even removal from the U.S.

To help you avoid costly mistakes, we’re sharing two of the most common compliance pitfalls F-1 students face, and how to stay ahead.

Top 2 Compliance Pitfalls & How to Avoid Them

Common Pitfall:

The H-1B Cap Gap rule allows students to extend their F-1 status and OPT/STEM OPT work authorization if their employer files an H-1B petition before F-1 status expires. However, Cap Gap does NOT extend CPT work authorization.

If you’re working on CPT, you must stop working once your CPT expires, even if your H-1B petition is pending.

Example Scenario:

• Your F-1 program of study expires on August 25, and your CPT also expires on August 25.
• Your employer files an H-1B petition on June 1 with an October 1 start date.
• Cap Gap allows you to remain in the U.S. after August 25 (plus the 60-day grace period), but since Cap Gap does NOT extend CPT, you must stop working on August 25 until your H-1B is approved.

Stay Ahead:

• If your CPT ends before October 1, you must stop working on the expiration date unless you have an extension or alternative work authorization.
• If eligible, extend your CPT before it expires or explore other visa options that allow continued work.
• Do not continue working after CPT expires, even if your H-1B is pending – this could jeopardize your legal status and your H-1B approval.

Common Pitfall:

Winning the H-1B lottery is exciting! However, many F-1 students forgo applying for STEM OPT, assuming that their H-1B is secure. But what if something goes wrong?

If your H-1B petition is denied, withdrawn, or your employer lays you off before the start date, you could suddenly be out of status with no backup plan.

Stay Ahead:

• If you’re eligible for a STEM OPT extension, file for it, no matter what happens with the H-1B lottery.
• You can have both a STEM OPT extension and an H-1B Change of Status pending at the same time.
• Filing for STEM OPT ensures that you maintain legal status in case the H-1B petition is denied, withdrawn, or revoked by the employer.
• While some individuals may be able to file for STEM OPT after the H-1B is withdrawn, the window to do so is very small, making it risky to wait.
• By filing STEM OPT before your OPT expires, you protect your status and keep employment options open.

What Should You Do?

Even small compliance mistakes can impact your H-1B approval, future Green Card applications, and legal stay in the U.S. VisaPro has been helping international students successfully transition from F-1 to H-1B for over 22 years, achieving near 100% success in H-1B approvals.

📞 Call us at (202) 787-1944 or email CS@VisaPro.com for a compliance check consultation to ensure your transition to H-1B is smooth and risk-free.
In 2024, we once again achieved 100% approvals with H-1B filings, continuing our near 100% approval rate over the past decade. For over 22 years, we’ve helped companies navigate complex immigration laws, ensuring compliance and safeguarding their workforce.

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