During the NIW pendency, can I change from F-1 visa to H-1B?

Yes. As a rule, it is possible to change status from F-1 to H-1B even with an EB-2 NIW (National Interest Waiver) petition pending. The paths do not cancel each other out: the NIW is a green card route based on your own merit, and the H-1B is a temporary work visa, with distinct purposes.

The important detail is the so-called dual intent. The H-1B allows you to have, at the same time, the intention to immigrate (your NIW) and to work temporarily in the United States. The F-1, on the other hand, is non-immigrant by nature, so handling this transition well avoids friction with maintaining your status.

• The H-1B depends on an employer willing to sponsor and start the petition.
• There are specific availability rules and deadlines that require attention and planning.
• Keeping your current status valid throughout the transition is essential.

Because it involves two processes in parallel, it is worth aligning your strategy with a specialist to synchronize deadlines and avoid status gaps, always checking the current rules at the official source.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.