Changing H-1B Visa Status: How to Switch to F-1 or L-1

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Quick Glance:

Changing your visa status from H-1B to F-1 or L-1 requires understanding the procedures and requirements.
To change from H-1B to F-1, you need to get accepted by a school, submit Form I-539, and wait for a decision.
To change from H-1B to L-1, you need to qualify for L-1, have your employer file Form I-129, and apply for a change of status. Are you an H-1B visa holder thinking about changing your visa status to student (F-1) or intra-company transferee (L-1)? Navigating through immigration laws can be a tricky journey, but understanding the procedures and requirements can simplify the process. This blog will guide you through what you need to know and do to change your visa status smoothly.

A visa status change means you’re altering the purpose of your stay in the U.S. without leaving the country to apply for a different visa. For instance, you might want to move from working under an H-1B visa to studying in a U.S. institution under an F-1 visa or transferring to a different role in the same company that requires an L-1 visa.

Changing from H-1B to F-1

To change from an H-1B to an F-1 visa, you should:

Get Accepted by a School: First, apply and be accepted by a U.S. Citizenship and Immigration Services (USCIS) approved educational institution. Upon acceptance, the institution will issue you a Form I-20, a crucial document you’ll need for the visa status change process.

Check Your Eligibility: Before filing any paperwork, confirm that you haven’t violated the terms of your H-1B visa and are eligible for F-1 status.

Submit Form I-539: Next, file Form I-539, “Application To Extend/Change Nonimmigrant Status,” to USCIS. This form will be your official request for status change.

Changing H-1B Visa Status: How to Switch to F-1 or L-1

Maintain H-1B Status: You must maintain your H-1B status until 30 days before your program start date indicated on your Form I-20. This means continuing to work for your H-1B sponsor until then.

Prepare for Costs: There are associated fees with filing the I-539 form, and potentially other costs, so be ready to cover these expenses.

Wait for the Decision: Lastly, you’ll need to wait for a decision from USCIS. Processing times vary, so plan ahead to ensure a smooth transition.

Remember, it’s essential to remain in legal status throughout this entire process. Falling out of status can lead to denial or further complications. Also, be careful about the “Cap-Gap” rule, where your work authorization might extend until the start date of your new program if your H-1B expires before your F-1 program begins.

Changing from H-1B to L-1

Changing from H-1B to L-1 is a bit different. The L-1 visa is designed for intra-company transferees who have worked abroad for the company and are now transferring to the U.S. office. Here’s what you need to do:

Qualify for L-1: Ensure you have worked for the company outside the U.S. for at least one full year within the past three years before your admission to the United States.

Company Must File Form I-129: Your employer will need to file Form I-129, “Petition for a Nonimmigrant Worker,” on your behalf, along with the L Supplement and supporting documents.

Wait for Approval: After the I-129 is submitted, you must wait for USCIS to approve the petition. The company will receive Form I-797 if approved.

Apply for Change of Status: Once the I-129 petition is approved, you can file Form I-539 to request a change of status to L-1.

During this process, it’s imperative to keep an open line of communication with your employer’s Human Resources or Legal department, as they will play a crucial role in the L-1 application process.

Why Accuracy in Applications Matters

Accuracy in filling out immigration forms and following procedures is non-negotiable. Failure to properly complete forms or provide required documentation may result in delays or denial of your application.

Where to Find Help

The USCIS website is a treasure trove of resources and has detailed guides and forms. Visit USCIS Change of Status page for more details. For complex situations, seeking help from an immigration attorney or a reputable immigration consultant can be invaluable.

In conclusion, while changing your visa status can seem daunting, with careful planning and attention to detail, making the transition from H-1B to F-1 or L-1 can be a seamless process. Whether you wish to pursue further education or grow within your professional field, understanding the steps involved helps you maintain compliance with U.S. immigration laws while pursuing your goals. Stay proactive, organized, and up-to-date with immigration policies to ensure a successful status change.

And there you have it, folks! Changing your visa status from H-1B to F-1 or L-1 doesn’t have to be a maze of confusion. Just follow these simple steps, stay on top of the paperwork, and you’ll be well on your way to your new visa adventure. But hey, don’t stop here! For more helpful tips and detailed guidance, head over to visaverge.com. Happy visa-changing!

FAQ’s to know:

FAQ 1: How can I change my visa status from H-1B to F-1?

To change your visa status from H-1B to F-1, you should follow these steps:

Get accepted by a USCIS approved educational institution and obtain a Form I-20.
Ensure you haven’t violated the terms of your H-1B visa and are eligible for F-1 status.
File Form I-539, “Application To Extend/Change Nonimmigrant Status,” to USCIS.
Maintain your H-1B status until 30 days before your program start date indicated on your Form I-20.
Be prepared to cover the associated fees with filing the I-539 form and other potential costs.
Wait for a decision from USCIS, considering that processing times vary.

Remember to remain in legal status throughout the process and be aware of the “Cap-Gap” rule if your H-1B expires before your F-1 program begins.

FAQ 2: What are the steps to change my visa status from H-1B to L-1?

To change your visa status from H-1B to L-1, follow these steps:

Make sure you have worked for the company outside the U.S. for at least one full year within the past three years.
Your employer needs to file Form I-129, “Petition for a Nonimmigrant Worker,” on your behalf, along with the L Supplement and supporting documents.
Wait for USCIS to approve the I-129 petition. If approved, the company will receive Form I-797.
File Form I-539 to request a change of status to L-1 after the I-129 petition is approved.

Stay in close communication with your employer’s Human Resources or Legal department throughout the L-1 application process.

FAQ 3: Why is accuracy important in visa status change applications?

Accuracy is essential in visa status change applications because failure to complete forms accurately or provide required documentation may lead to delays or denial of your application. This can hinder your ability to switch visa statuses smoothly. Ensure you carefully fill out immigration forms and follow all procedures to avoid unnecessary complications or setbacks in the process.

What did you learn? Answer below to know:

True or False: Changing from an H-1B visa to an F-1 visa requires maintaining H-1B status until the start date of the F-1 program.
What document is required for the visa status change process when changing from an H-1B visa to an F-1 visa? a) Form I-539 b) Form I-129 c) Form I-20 d) Form I-797
When changing from an H-1B visa to an L-1 visa, what form should the employer file on behalf of the employee? a) Form I-539 b) Form I-797 c) Form I-129 d) Form I-20

Did you Know?

Did You Know?

True or False: Changing from an H-1B visa to an F-1 visa requires maintaining H-1B status until the start date of the F-1 program.
What document is required for the visa status change process when changing from an H-1B visa to an F-1 visa?
a) Form I-539
b) Form I-129
c) Form I-20
d) Form I-797
When changing from an H-1B visa to an L-1 visa, what form should the employer file on behalf of the employee?
a) Form I-539
b) Form I-797
c) Form I-129
d) Form I-20
Did you know that the United States is home to the largest number of immigrants in the world, with over 40 million foreign-born residents?
Did you know that nearly 25% of all immigrants in the United States are naturalized citizens, meaning they have gone through the process of becoming a U.S. citizen?
Did you know that the Immigration and Nationality Act of 1965 abolished the discriminatory quota system that limited immigration primarily to certain countries and established a preference system based on family ties, skills, and employment?
Did you know that the Diversity Visa Lottery, also known as the Green Card Lottery, is a program that grants 50,000 immigrant visas each year to individuals from countries with low rates of immigration to the United States?
Did you know that the United States accepts more refugees than any other country in the world? In 2019, the U.S. admitted over 30,000 refugees.
Did you know that the U.S. immigration detention system is one of the largest in the world, with an average daily population of around 50,000 individuals?
Did you know that the H-1B visa program, which allows skilled foreign workers to work in the United States, has an annual cap of 85,000 visas? This cap includes 65,000 visas for workers with bachelor’s degrees or higher and an additional 20,000 visas for workers with advanced degrees from U.S. institutions.

Remember to check the answers below to find out how much you learned!

Answers:
1. True
2. c) Form I-20
3. c) Form I-129

Learn Today: Key Terms Explained

Glossary or Definitions

Visa Status Change: The process of altering the purpose of one’s stay in the United States without leaving the country to apply for a different visa. It involves transitioning from one nonimmigrant visa category to another while staying in the U.S.
H-1B Visa: A nonimmigrant visa category that allows U.S. employers to hire foreign workers in specialty occupations. These occupations typically require specialized knowledge and a bachelor’s degree or higher.
F-1 Visa: A nonimmigrant visa category for international students pursuing full-time academic programs in the United States. It is issued to individuals who have been accepted by a U.S. Citizenship and Immigration Services (USCIS) approved educational institution.
L-1 Visa: A nonimmigrant visa category that enables multinational companies to transfer employees from overseas offices to their U.S. offices. It is designed for intra-company transferees who have worked abroad for the company and are now transferring to the U.S.
Form I-539: An immigration form titled “Application To Extend/Change Nonimmigrant Status.” It is used to request a change of visa status or an extension of stay in the United States.
Form I-20: A crucial document issued by a U.S. educational institution to accepted international students. It is needed for the visa status change process when transitioning from an H-1B visa to an F-1 visa.
Form I-129: A petition filed by an employer on behalf of a nonimmigrant worker to classify the worker under a specific nonimmigrant visa category, such as the L-1 visa category.
U.S. Citizenship and Immigration Services (USCIS): A government agency under the Department of Homeland Security responsible for the administration of immigration and naturalization functions in the United States.
Cap-Gap Rule: A provision that allows certain F-1 students who have an approved H-1B petition and a timely filed H-1B change of status request to bridge the gap between the end of their F-1 status and the start of their H-1B employment.
Accurate Application: The precise and correct completion of immigration forms and compliance with all procedures and documentation requirements. Failing to accurately complete forms or provide required documentation may lead to delays or denial of the application.
Immigration Attorney: A legal professional who specializes in immigration law and provides legal advice and representation to individuals and businesses in immigration matters.
Immigration Consultant: An individual or firm that offers expertise and assistance to individuals and businesses in navigating immigration processes. They provide guidance, fill out forms, and help with documentation, but they cannot provide legal advice like an attorney.
USCIS Change of Status: A page on the USCIS website that provides detailed information, resources, and forms related to changing nonimmigrant status in the United States.
Immigration Forms: Official documents provided by USCIS or other immigration authorities that individuals must complete and submit to request changes in visa status or other immigration benefits.
Legal Status: The specific immigration status granted to an individual in the United States. It determines their rights, privileges, and duration of stay in the country.
Processing Times: The length of time it takes for USCIS or other immigration authorities to review, process, and make a decision on an immigration application or petition.
Human Resources (HR): The department within an organization responsible for managing employee-related matters, including immigration-related issues such as visa applications or employment authorization.
Legal Department: The department within an organization that deals with legal matters, including immigration-related issues. They assist in ensuring compliance with immigration laws and regulations.