Changing Immigration Status

It is a little more common for F-1 students to change their immigration status after OPT or STEM OPT.  Changing your status from within the US immediately after you graduate from F&M is tricky.   Anyone, including F-1s, seeking to file a Change of Status application from within the US must file it before their current status ends.  So F-1 students should file before their 60 day grace period ends.   USCIS information on the Change of Status process is found here.  

ISS is not able to advise on the particulars of changing status, given that this is out of F-1 and J-1 parameters.  Please retain the assistance of an immigration attorney.

H-1B:

If you are pursuing the H-1B work visa with your employer that will also require the assistance of an immigration attorney.  The lottery has a "cap" per year in the number that are reviewed and ultimately accepted. 

Please keep ISS updated if you will be (1) entering the lottery, and (2) the result of the lottery. Sometimes students need documents from F&M to aid in their visa applications.  Please email iss@fandm.edu with your full name, F&M ID #, and graduating year to inquire about copies of documents that might be in our archives. 

If you are accepted through the H-1B lottery (yay!), ISS will need documentation to extend your SEVIS active record/OPT authorization until October 1 when the H-1B takes effect.  This extension is called the cap-gap extension. Consult your immigration attorney for more instructions.

H-1B alternatives:

Immigration attorneys are a great resource in determining what alternatives to the H1B lottery might apply to you.

Universities and related nonprofit entities, nonprofit research organizations and government research organizations are exempt from the cap (lottery process with limited open spots). These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit.

The Cap-Exempt H-1B visa has been a very popular option amongst F&M international students in the past due to their undergraduate experience in research labs on campus:  

• "the Cap" refers to the limit/cap on the number of H1bs allowed to be given in the lottery.  

• "Cap-Exempt" means that these visas for certain jobs are not counted towards the yearly limit and don't go through the lottery.  

• Universities and related nonprofit entities, nonprofit research organizations and government research organizations are exempt from the cap. These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit.  Work with an immigration attorney to determine if this might be a good option for you. 

• For example: We had an international student work on OPT at a research lab on cancer research.  The research lab was affiliated with a university, and thus, after OPT, their employer filed an H-1B cap-exempt application on their behalf - avoiding the lottery!