H1B Grace Period Extension Through Change of Status

Understand H1B Visa 

The H-1B visa is a non-immigrant visa that enables U.S. employers to hire foreign workers temporarily for specialty occupations. To qualify for an H-1B visa, candidates must possess at least a bachelor’s degree or higher in a field related to the occupation, which typically includes sectors like IT, finance, engineering, and more.

Employers wishing to sponsor an H-1B visa must first submit a Labor Condition Application (LCA) to the Department of Labor (DOL), followed by the H-1B petition to USCIS. The process is competitive and adheres to an annual cap, making timely submission and compliance with all eligibility requirements crucial.

The H1B visa is tied closely to your employment, meaning your legal residency in the U.S. is dependent on your employer — the one who filed your H-1B petition. Should challenges arise, such as financial troubles faced by your sponsor, a merger with another company, or if your performance falls below expectations, it could result in your termination under the H-1B status. In the event of lay off, H1B visa holders are granted a 60-day grace period. This critical window allows you time to explore alternative avenues to maintain your legal presence in the United States.

Understand H1B Grace Period

The 60-day grace period allows H1B employees to stay in the U.S. but does not permit them to work. It is also crucial to understand that the grace period cannot exceed 60 days. If an H1B employee does not find a new employer within this timeframe, they must either depart from the U.S. or risk accruing unlawful presence.

What if you can't find another H1B sponsor and also don't want to leave the country? 

A common strategy is to apply for a change of status to a different nonimmigrant visa, such as B2, F1, O1, L1, or E visa, or a dependent visa like H4 or F2, by filing an application with USCIS. Applicants must meet the eligibility requirements for the new visa category they are seeking.

Each new visa comes with its own set of rights and restrictions. Some options may be more suitable if continuing to work is your primary goal. Under certain circumstances, changing your status could provide access to additional forms of work authorization. When these changes are managed properly, they create opportunities for individuals to legally maintain their employment in the United States.

Key Benefits of Choosing to Transition to F1 Status

F1 status offers distinct features and benefits, including the ability to pursue full-time study, work on-campus, and engage in practical training related to your field of study.

Fast Processing Time

Opting for Premium Processing streamlines the transition from H1B to F1 status to a swift 30-day period, encompassing any necessary time for a Request for Evidence (RFE) should your application require it. Throughout this expedited process, you are granted the legal right to remain within the U.S. borders, affording you the uninterrupted opportunity to secure an appropriate employer.

Work Authorization While Studying

One advantage of the F1 visa is the opportunity it provides for work authorization through CPT. 

• Day 1 CPT: CPT work authorization during program enables you to engage in employment, typically in the form of internships or positions directly related to your field of study. In general, this opportunity is available after you’ve completed your first academic year. Day 1 CPT programs, however, represent a forward-thinking approach to integrating work and study from the very beginning of your academic program. This immediate immersion enables you to seamlessly re-enter the job market once you secure a new employer.
• Another OPT: Should you choose to advance your education by enrolling in a program that is a step up from your last degree, you unlock the opportunity for OPT post-graduation once more. For those diving into STEM programs, this benefit can be extended, offering you up to an impressive 36 months of OPT.

Easy to Change back to H1B & No Long-Term Risks

While the process of changing status is indeed legal, it requires substantial and persuasive justification. Without this, there could be long-term complications for your immigration journey. From an immigration standpoint, transitioning from H1B to F1 status is often seen as a more rational choice compared to other status changes. It's a common and understandable desire to return to academia for further studies after gaining some professional experience, as this can significantly broaden your career prospects and enhance your professional growth.

Cost

• On-line Submission: $420
• Submit by mail: $470
• Premium Processing: $1,965
• Legal service fee: $200- $500/hour [$1500 Flat Fee with CPTDog]

Evidence of Financial Support

As indicated above, you’ll need to provide evidence of financial support for F1 approval. Financial support can come from various sources such as personal savings, property, employment income, or external funds. You should collect evidence like bank statements or stock certificates. If you’re submitting evidence of recent large deposits to your accounts, make sure you provide a clear explanation to clarify the source and avoid any suspicion of temporary inflation of your funds.

Proof of your financial stability can also include the employment details of family members willing to support you. This evidence can include employment verification letters or income tax statements. The evidence should demonstrate a steady and reliable source of income, confirming their ability to support your studies and stay in the United States. Family members can pledge their financial support using Form I-134.

Assets that you can easily convert into cash are also valuable in proving your financial readiness. Real estate, for example, can represent a significant, provided you have clear evidence of ownership and value. If necessary, obtaining a professional appraisal can clarify the worth of the asset, helping to ensure immigration authorities will accept the asset as proof.

If you have any scholarships, grants, or loans, independent confirmation beyond the Form I-120 is required, generally through notification letters from the funding source.

Impact on Dependents

If you have any dependents holding an H4 visa, their visa status will be directly affected when you shift from H1B to F1:

• Loss of H4 status: Since the H4 visa status is dependent on the H1B status of the primary visa holder, H4 dependents will lose their status when you change status to F1.

• Application for a Change of Status: To change from H4 to F2 status, the dependent must file Form I-539 with the USCIS. This process includes providing proof of the F1 visa holder’s valid student status and evidence of their relationship to the F1 holder.

• Impact on Employment and Study: While H4 dependents may be eligible for work authorization under certain conditions, F2 dependents are not allowed to work under any circumstances. However, F2 dependents can engage in part-time study or enroll in recreational or vocational studies.

Choosing the Right Academic Program

Transitioning to F1 status to enroll in a Day 1 CPT program offers international students the unique opportunity to gain practical work experience throughout the duration of their program. Critical steps for selecting the right university and Day 1 CPT program include ensuring the accreditation of the school, making sure the program aligns with your career goals, and considering location and costs.

Accreditation and Legitimacy

When deciding on a Day 1 CPT program, make sure you first check the accreditation and legitimacy of the university. Accreditation from a recognized body confirms that the university meets established educational standards, guaranteeing that your degree will be acknowledged by employers and other educational institutions.

Program Relevance

Selecting a program that aligns with your career aspirations and interests is critical. Look for programs that offer practical experience in your areas of professional interest. This will not only enrich your learning experience but also prepare you for future job opportunities. Day 1 CPT programs span the fields of business, computer science, information technology, and beyond.

Location

The location of the university plays an important role in your academic and personal life. Factors such as proximity to potential job markets, cost of living, and lifestyle preferences may all influence your decision. Choosing a location that aligns with your professional and personal goals can improve your learning and working experience. Keep in mind that many Day 1 CPT programs have minimal onsite requirements–sometimes as little as one weekend per semester–meaning that you can potentially work in locations farther from the university.

Tuition and Fees

Understanding and comparing tuition fees across various Day 1 CPT programs may be important, depending on your financial situation. Program tuition can range from under $18,000 at institutions like New England College to nearly $50,000 at institutions like Dallas Baptist University.

Investigating available financial aid options, scholarships, and grants tailored to international students can both alleviate the financial strain associated with higher education and ensure you make an informed decision based on financial sustainability and academic value.

Key Features of B1/B2 Status

B1 and B2 visas are nonimmigrant visas for visitors to the United States, offering numerous benefits for travelers. The B1 visa facilitates business activities like attending conferences, while the B2 visa is ideal for tourism, visiting family, or medical treatment.

Broad Range of Activities

The B1 visa for business purposes covers a broad range of permitted activities:

• Business consultations and meetings: You may enter the United States to consult with business associates or discuss planned investments or purchases.
• Attendance at scientific or professional conferences: You can participate in conventions to exchange knowledge, network with colleagues, and stay updated on industry trends.
• Contract negotiations: You may visit the United States to negotiate or finalize contracts with U.S. companies.
• Short-term training: You can take part in professional training sessions that are unavailable in your home country, provided you do not receive payment from a U.S. source.

The B2 visa similarly allows for a range of activities, only for non-business purposes:

• Tourism or holiday visits: You can explore the United States, visit its numerous landmarks, or simply enjoy leisure time away from home.
• Visiting friends and relatives: You may spend time with family members or friends living in the United States.
• Medical treatment: If you’re seeking medical treatment not available in your home country, you can receive care in the United States, including consultations, surgeries, or rehabilitation.
• Participation in social events: Engaging in events hosted by social or service organizations offers cultural exchange and community involvement.

No Employer Sponsorship Required

B1 and B2 visas are distinct from many other nonimmigrant classifications in that they do not require employer sponsorship for approval. Applicants must demonstrate the purpose of their visit and ensure compliance with visa conditions, independently of employer involvement.

Unlike employment-based nonimmigrant visas, where an employer must petition on an applicant’s behalf, B1 and B2 visa applicants directly apply and justify their intent to a U.S. consulate.

No Tuition is Required

Switching to a B1/B2 visa stands in contrast to the F1 visa process. Opting for a B1/B2 visa means you can bypass the complexities of the educational system—there's no need to deal with school applications, enrollment duties, academic assignments, or worry about paying tuition fees.

B1/B2 Restrictions & Long-Term Affects 

The U.S. Department of State oversees the enforcement of visa policies, including travel restrictions for B1/B2 visa holders. These measures aim to regulate the activities of nonimmigrant visitors. Violations of these restrictions can lead to fines, deportation, and bans.

Key Restrictions for B1/B2 Visa Holders

Visitors on B1/B2 visas must familiarize themselves with the restrictions in order to comply with U.S. law. For instance, those intending to extend their visit beyond the initially granted period must seek a formal extension to avoid unlawful presence.

Activities Prohibited Under B1/B2 Visas

B1/B2 visa holders are barred from engaging in unlawful activities, such as actions that compromise public safety. Notably, B1/B2 visas do not allow for:

• Study: Enrolling in courses of study is not permitted.
• Employment: Visitors cannot be employed by U.S. firms or organizations.
• Paid performances: Engaging in any paid professional performance is off-limits.
• Arrival as a crewmember: B1/B2 holders cannot enter the United States as crewmembers on ships or aircraft.
• Work in information media: Working as foreign press–including roles in radio, film, or print journalism–is prohibited.

Long Term Affacts

The B1/B2 visa is categorized under non-immigrant visas, setting it apart from the H1B, which allows for dual intent. This distinction is crucial for those considering a transition back to an H1B visa or those contemplating a green card application in the future. Applicants must present a compelling argument for the shift from H1B to B1/B2 status and then back to H1B. Failing to provide a persuasive explanation could lead to increased scrutiny or a higher likelihood of receiving a Request for Evidence (RFE) during the green card application process.