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Important Steps After Switching to H1 Visa Status During STEM OPT

10

January 01, 0001

experience
guide

Introduction

If you are in STEM OPT and recently received approval to switch your visa status to H1, congratulations! However, this transition comes with important responsibilities that you must fulfill to stay compliant with USCIS and university regulations. In this guide, we will walk you through the essential steps, especially focusing on submitting your final evaluation to your university if you are in STEM OPT.


What Happens When Your Visa Status Changes to H1?

When your visa status changes from STEM OPT to H1, your employment authorization and reporting requirements also change. While you may continue working for the same employer, you now need to follow the H1 visa compliance process, including any reporting or documentation your university or USCIS requires.


Key Steps to Follow After Your H1 Approval

1. Final Evaluation Submission for STEM OPT

  • Why is this necessary?
    Since your STEM OPT period has ended with your approved Change of Status (COS), you are required to submit a final evaluation to your university confirming your employment and compliance during your STEM OPT period.

  • What documents are needed?

    • Completed Form I-983 (Training Plan for STEM OPT Students) with the final evaluation section filled out and signed by both you and your employer.
    • For my case, I had to just fill out the final evaluation section instead of entire form I-983. My university and employer both accepted my submission.
    • Any other documentation your university or DSO (Designated School Official) requests.
  • How to submit?

    • Upload the final evaluation via the IIC portal under your OPT reporting section.
    • Select the reason: “submitting a validation report”.

2. Notify Your University and DSO

  • Inform your university DSO about your H1 approval.
  • Provide them with a copy of your approval notice (Form I-797).
  • Confirm if any additional documentation or steps are required from their side.

3. Update Your Employment Details

  • Even if you are working for the same employer, update your employment status and details in the USCIS SEVIS portal if required.
  • Ensure your employer maintains proper documentation of your employment status change.

4. Maintain Compliance with USCIS and Immigration Laws

  • Keep copies of all approval notices, final evaluations, and correspondence.
  • Continue adhering to the terms of your H1 visa, including employment conditions and reporting requirements.

Additional Tips

  • Stay Informed: Regularly check your university portal and USCIS updates for any new compliance requirements.
  • Consult an Immigration Expert: If unsure about the process or documentation, seek advice from an immigration attorney or your university’s international student office.

Conclusion

Transitioning from STEM OPT to H1 is a significant milestone, but it comes with important responsibilities. Submitting your final evaluation and updating your employment details are crucial steps to stay compliant and avoid issues in your immigration status. Always keep your documentation organized and timely.

Remember: Staying proactive and informed is the key to a smooth visa transition!