H-1B Specialty Occupation status is temporary employment authorization for a nonimmigrant who performs services in a specialty occupation in the U.S.
Information about the H1b Specialty Occupation program may be found at H-1B Program.
*IMPORTANT* The ISS Office cannot advise on H1B applications, requirements, or procedures. All students interested in changing status from F-1 Student to H1B Specialty Worker must consult with their employer and/or legal counsel. |
H1B applications are complex and require many steps.
Only an employer may petition United States Citizenship and Immigration Services (USCIS) for H-1B status on behalf of an employee/prospective employee if the candidate holds “theoretical or technical expertise in specialized fields." USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status.
Students may not submit this application without the sponsorship and support of their employer.
After an application for a change of status to H1B is submitted, all applicants will receive an I797 Notice of Receipt, and if approved, an I797 Notice of Approval.
If your application to change your status to H1B is approved, you will receive a I797 Notice of Approval from USCIS. This notice will list your H1B status start date.
Submit a copy of your I797 Notice to the SUNY Poly ISS to ensure your SEVIS record is updated and correctly reflects your change of status.
Your H1B status does not begin until the date listed on your I797 Notice of Approval.
Therefore, you must continue to maintain your current status until your H1B start date. If you are an F1 student engaged in OPT or STEM OPT Extension Employment, you must continue to follow the rules and regulations for your F1 employment until your H1B status begins.
After your H1B status has begun, you are no longer in F1 Student status and are no longer required to maintain the F1 Student rules. You do not need to continue to report employment to SUNY Poly once your H1B status begins.
If your H1B change of status is approved, be sure to submit your I797 Notice of Approval to the SUNY Poly ISS.
- Submit your I797 Approval notice to the ISS at F-1 Student: H1B Approval Notice Submission – SUNY Polytechnic Institute Forms
- The ISS will review your documents and ensure that your SEVIS record is up to date.
- Your Form I-20 will not reflect any changes following H1B approval, UNLESS you are eligible for the Cap Gap Extension (see below)
- If you are eligible for the Cap Gap Extension and require a reprint of your Form I-20, follow the instructions below under “How to Request a Cap-Gap Extension Form I-20" to request this document.
- Once your H1B change of status takes effect (based on the start date listed on your I797 Approval Notice), your SEVIS record will be “completed” and no longer active.
- You will not be able to request a reprint of your Form I-20 after your H1B status has started, because your SEVIS record is no longer active.
USCIS typically begins accepting applications for H1B status on April 1.
However, the application process can be quite lengthy, and approved individuals will often not transition to H1B status until October 1.
For many F-1 Students, OPT or STEM OPT Extension employment will end in late spring/early summer.
To cover the time frame between the end of OPT/STEM OPT employment authorization and the start of H1B status on October 1, USCIS grants students a “CAP-GAP Extension” of employment authorization, to allow them to continue employment until their transition to H1B Status.
Students may be eligible for the CAP-GAP Extension if:
- Your employer files an H-1B petition in a timely manner with USCIS with an employment start date of Oct. 1
- You are maintaining your F-1 status on the date your potential employer files your H-1B petition
- You are in an authorized period of post-completion OPT or STEM OPT extension on the date your employer files for your H-1B petition
- USCIS receives the H-1B petition in a timely manner and issues a receipt notice for this application
- Note: Those filing for H-1B via consular processing DO NOT qualify for the cap-gap extension
- You must confirm with your employer if the H-1B will be filed as a "change of status" or "consular processing."
The cap-gap extension is automatically authorized in SEVIS through September 30 if you meet these criteria.
You will not receive a new EAD for the Cap-Gap period.
- A reprint of your I-20 showing the cap-gap extension will serve as proof of the extension.
- The Cap Gap extension will not be granted until your OPT/STEM OPT has ended
- Thus, the Cap Gap Extension will not appear on a reprinted Form I-20 until the OPT/STEM OPT has ended.
If you are eligible for the Cap Gap Extension, you should request a reprint of your Form I-20 to demonstrate your authorization to continue employment.
**Remember: If your OPT or STEM OPT Extension period has not ended, you will not be eligible for the Cap Gap Extension until your OPT/STEM OPT has ended.
- DO NOT request a Cap Gap Extension Form I-20 until after your current OPT/STEM OPT authorization has ended.
To request a Cap Gap Extension Form I-20:
- Submit the F-1 Student: H1B Approval Notice Submission – SUNY Polytechnic Institute Forms
- SUNY Poly must have a copy of your H1B approval or receipt notice before we can issue a reprint of your Form I-20 with Cap Gap Extension.
- If eligible, you may use this form to indicate whether you would like a reprint of your Form I-20.
