Can US student visa be convert to H-1B work visa in America for Indian students?

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US H-1B Visa Process: America has been the top country for students as well as working professionals. One of the main reasons for this is that top-class education is provided in the world-class universities here, while American companies are known for their better work life balance and hefty salaries.

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Students from all over the world come to America for work and study due to these reasons. For the past several years, thousands of students from India are also going to America every year to study.

However, whether it is a student or a working professional, it is a bit challenging to understand the immigration system. One of the biggest questions of foreign students including Indians is whether they can stay and work in the US after completing their studies? Specifically, can the F-1 student visa be converted into an H-1B work visa? The answer to this question is yes, but for this many conditions have to be fulfilled. So let us understand this entire process in detail.

What is F-1 student visa?

Students coming to study in America are given F-1 visa, which is also known as student visa. This is a non-immigrant visa. F-1 visa is given only when the student has got admission in an institute/university approved by ‘Student and Exchange Visitor Program’ (SEVP). He is going to study as a full-time student in this institute/university. He should know how to read, write and speak English language. He should have sufficient bank balance to study in America.

To obtain a visa, the student must also prove that they will return to their country after their studies. The student must be outside the US when applying for a visa. F-1 students are usually allowed to stay in the US for the duration of their academic program. They are also eligible for ‘Optional Practical Training’ (OPT) or ‘Curricular Practical Training’ (CPT). This allows them to work for a period of time in a field related to their studies.

What is an H-1B work visa?

Through the US H-1B visa, American companies hire foreign professional workers. The jobs for which foreigners are hired by the companies require a bachelor’s degree or higher. Usually these jobs are in fields like information technology, finance, engineering, healthcare and architecture. Both the company and the employee have to fulfill certain conditions for the H-1B visa.

The most important condition that the company has to fulfill is that the job should be a specialty occupation. Special knowledge and at least a bachelor’s degree are required to do that job. The company has to file a Labor Condition Application (LCA) with the Department of Labor (DOL). In this, it has to be proved that the salary given to the foreign employee is according to the industry standards and it will not have any negative impact on American employees. The company has to file Form I-129, Petition for a Nonimmigrant Worker, with USCIS.

At the same time, to obtain an H-1B visa, the employee must first have at least a bachelor’s degree or an equivalent degree in the relevant field. The employee must have a job offer from an American company willing to sponsor an H-1B visa.

Can an F-1 visa be converted to an H-1B visa?

Students who come to America to study on F-1 visa can go on H-1B visa. For this, they have to fulfill some conditions. First of all, they have to find a company that sponsors them for H-1B. After this, the company has to file Form I-129 for them in USCIS. Let us tell you that only 65,000 visas are given every year. Apart from this, there are 20,000 additional visas, which are given only to those who have obtained a master’s degree or above from an American university.

If an F-1 student’s visa expires before the H-1B visa begins on October 1, they can get a cap-gap extension. This allows them to stay in the US until their H-1B visa begins. The company must submit an LCA to the DOL, which confirms the salary and working conditions. Once the petition is approved by USCIS, the applicant can work legally under H-1B status.

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