Changing F1/OPT to H1b Issues for IMGs

Since there are plenty of IMGs on F1 visas doing Masters / PhD course at the time of matching in March, who knowingly or unknowingly used the GRE Route to Residency ;-), here is some information to their benefit while considering transferring to H1b for a post-graduate clinical residency / fellowship program. This is not about how to do the transfer - the immigration lawyers with your residency program will help you with that.

Q. Can a F1/OPT status student switch status to H1b Within the USA ?

A. Yes ! As long as the IMG is in legal F1 / OPT status while applying for a H1b status change, this can be done anytime -

Note: It's certainly not advisable to change from a visitors visa B2 status to H1b status within the USA, coz even if the status change were approved, when you travel outside the USA to reenter with a H1b visa stamp, the visa officers abroad will always look at a Visitors-to-Work visa change with suspicion.

Now, I agree it will be very very tempting to take a nice, well-deserved break and travel back to your home country before the rigors of a residency begin - but you need to mull over that a bit:

- After a candidate has filed for a status change within USA while on F1/OPT status, it's a bad idea to travel until the H1b visa petition is approved - that's because if you travel outside USA during the petition, your H-1B petition is deemed abandoned. I would travel only after that petition is approved and only on a valid F1 status and if my F1 visa is not yet expired.

- After the status change petition is approved, that does not mean your 'H1b status' has begun - you will still be on the F1/OPT status. The actual H1b status will begin on the start date mentioned on the forms you submit while filing for the status change. It is your duty to keep your F1/OPT status valid and enroll in courses if required to do so, until the start date of residency, or at least have the Post-F1 / Post-OPT grace period overlapping the start date of the employment. Once the resident begins, your status will automatically change on the INS systems to H1b.

- Finally, There might be some IMGs who been F1 students too long ;-) i.e. have valid I-20s but expired F1 visas - in other words students with a valid F1 status but an expired F1 visa at the time of matching, for these guys, to be on the safer side, the advise is to not travel until after residency begins and then take your 2-week break say after 4 to 6 months and travel abroad with all those residency pay-slips, and other useful documentation (your lawyer will help) and then come back with a H1b visa stamp.