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F1 Graduates ~ Important Information

1) WHAT to look for in a Sponsor/employer - F1 to an H1B visa.

2) How to Change Your Status from F to H visa.

3) H1B JOBS & Sponsors now available for F1 Graduates.

1) WHAT to look for in a Sponsor/Employer
Filing for an H-1B petition is not simply a matter of finding a job and a sponsoring employer. There is much more to the process and it is not one, which should be taken lightly by the prospective employee or employer.

Even if a fully documented and extensively detailed case is prepared, BCIS (previously INS) may have questions about the nature of the duties, the title and the designation of a specialty occupation worker title. F-1s are students and H-1s are “professionals.” As such, the foreseeable question about a leap from a student with limited practical training experience to that of a seasoned professional with a minimum of two years of experience in the field may result in questions and dialogue between the petitioner and the government.

These questions are usually addressed in a “Request for Evidence” (RFE) and can be extensive. Depending on the Service Center and a number of other factors, an RFE can be onerous. One such response to an initial filing may request evidence of the employer’s ability to hire and pay the wages of an H-1B worker. It may also ask for evidence that the offered job is, indeed, a specialty occupation worker.

If the company is relatively new and has few employees, BCIS may want evidence that the company is presently “engaged in the regular, systematic and continuous provision of goods and services” and that the employer has sufficient work and resources available to prove that the beneficiary will be “performing services in a specialty occupation” for the requested period of time.

In response to such a request, an employer may be required to furnish income tax returns, quarterly tax returns, copies of purchase contracts and/or purchase orders and invoices. An annual report may be requested as well as a company brochure describing the products and services the company provides.

A few years ago, many “boiler plate” RFEs also requested photographs of the premises to establish the legitimacy of the organization. This type of RFE is “back in action” and a request may contain this type of intrusive documentation to establish the veracity of the filing.

An employer may be asked how many other employees hold similar positions within the organization and the number of those who hold bachelors degrees. BCIS may ask for a breakdown of the fields of study of such individuals and request another detailed statement of the beneficiary’s proposed duties and responsibilities.

Another key question may reference detailing the educational requirements for the job offered and a statement regarding the beneficiary’s education and how it relates specifically to the position offered.

The above information is based on years of experience and knowledge of the priorities of BCIS, INS and DOL. The inquiries may or may not appear in your particular case; the important thing to remember is to “do your homework” on the employer and be prepared to answer any of the questions above. Make sure that the employer you choose can satisfy the basic documentary requirements and has a legitimate and verifiable presence in the marketplace.

An employer does his/her due diligence in terms of hiring new employees; you must also exercise the same in accepting a position. If the company is new and/or has few employees, be certain that the company can document its requirements, its place of business and the nature of the job duties before you commit yourself to an offer of employment.

** For more information and for assistance with filing an H-1B petition, please contact the Law Offices of Neena Bohra. You may email Neena at with serious cases only, and feel free to check out


2) How to Change Your Status from F to H visa

What documentation do you need to provide for the filing of an H1B Petition for a Specialty Occupation Worker?

1) Offer letter signed by both parties
2) Detailed job description with percentage allocations
3) Resume
4) Relevant pages of passport
5) Diplomas
6) All transcripts (mark sheets)
7) Any course certificates and related transcripts
8) Experience letters with name, title and dates of employment
9) Catalogs or Brochures of company
10) Any awards related to occupation or prizes related to field
11) Biographic information including full name, DOB, POB, Nationality, Permanent Address, Marital Status
12) Copies of I-20s
13) Copy of current I-94 Card
14) Copy of EAD Card

The above list is a summary of documents needed for processing. The list may be subject to change depending on BCIS Center requirements and particular Service Center needs.



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