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

Let’s clarify this matter in a practical and simple way. In general, it is possible to change from F-1 visa status to H-1B even when a NIW (National Interest Waiver) petition is pending. This transition occurs because the H-1B visa accepts the concept of ‘dual intent’, meaning the applicant can simultaneously have the intention to immigrate and the intention to remain temporarily in the U.S.

The F-1 visa, on the other hand, is strictly non-immigrant, but this status change can be carried out with the sponsorship of a qualified employer. In the change process, the new employer must initiate the H-1B petition following the specific rules and procedures of the visa.

It is essential that you continue to comply with the requirements and maintain your status while the process is ongoing. Additionally, each situation has its peculiarities and there may be deadlines that require special attention for both the H-1B and the NIW.

It is important to emphasize that, in any immigration procedure, strictly following the United States immigration laws is essential. Caution is recommended regarding proposals that promise guaranteed results or miraculous solutions, as such offers may mask risks or even be scams.

Seeking information through reliable sources and, if necessary, consulting specialized immigration professionals can help to avoid future problems. Also remember that the rules may change and each process involves specific details. Therefore, staying informed and acting with transparency and responsibility is the best path to achieving your goals in the U.S. immigration context.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.