Transitioning from an F-1 student visa to an H-1B work visa is a significant milestone for many international students in the U.S. However, one of the most critical aspects of a successful H-1B change of status (COS) application is proving that you have maintained valid F-1 status throughout your stay. USCIS closely scrutinizes maintenance of status, particularly for those who have engaged in Curricular Practical Training (CPT), Optional Practical Training (OPT), or STEM OPT extension. Failure to adequately document compliance with F-1 regulations can result in a denial of the H-1B petition or, worse, being deemed unlawfully present.

In this article, we discuss essential considerations for maintaining status and the key documentation USCIS expects to see when reviewing a change of status request from F-1 to H-1B.

1 Importance of Maintaining F-1 Status

Before USCIS can approve an H-1B petition with a change of status, they must confirm that you have continuously maintained valid F-1 status up to the requested start date of H-1B status. This means that you must have complied with all F-1 visa rules, including full-time enrollment, authorized employment, and reporting requirements.

Failing to maintain status can lead to complications, including a denial of the change of status request, requiring you to leave the U.S. and apply for an H-1B visa at a consulate instead.

2.Documenting Maintenance of Status for Change of Status Approval

 Regardless of whether you were on CPT, OPT, STEM OPT, or remained enrolled as a regular F-1 student, USCIS expects specific evidence to establish compliance with F-1 regulations. Below is a detailed breakdown of the documents required for different scenarios

A. Regular F-1 Students (Without CPT or OPT)

 If you have remained enrolled as a full-time F-1 student without engaging in CPT or OPT, you should be prepared to submit:

• Copies of All I-20s (including those from previous schools if you transferred)
• Official Transcripts from your designated school to confirm full-time enrollment
• Tuition Payment Receipts or bank statements proving tuition payments
• Attendance Records or Enrollment Verification Letter from the designated school official (DSO)

Since you are not engaged in any employment, your primary concern is proving continuous full-time enrollment.

B. F-1 Students on Curricular Practical Training (CPT)

Students who have used CPT must demonstrate that their employment was properly authorized and complied with program requirements. USCIS is particularly strict about CPT, especially with concerns over day-1 CPT programs.

To prove maintenance of status while on CPT, provide:

• I-20s with CPT Authorization showing the dates of employment
• Offer Letter from the employer specifying the job duties, location, and work schedule
• Employer Verification Letter confirming that you were working per CPT authorization
• Pay Stubs or Bank Statements reflecting salary deposits (even if unpaid CPT was authorized, this helps verify engagement with the employer)
• Performance Evaluations or work progress reports from your employer
• Class Enrollment Verification showing that CPT was tied to an academic course (since CPT must be an integral part of the program)

If you were on Day-1 CPT, ensure that you have strong documentation linking your employment to your academic curriculum, as USCIS has increased scrutiny of such programs.

C. F-1 Students on OPT (Post-Completion or STEM Extension)

Students on post-completion OPT or STEM OPT must provide thorough documentation of employment history to prove maintenance of status. USCIS may issue an RFE (Request for Evidence) if there are gaps in employment or if the employment appears non-compliant.

To support your case, prepare:

• EAD Cards (Employment Authorization Document) for both post-completion OPT and STEM OPT (if applicable)
• I-20s Reflecting OPT and STEM OPT Approvals
• Offer Letters and Employment Verification Letters from all employers during the OPT/STEM OPT period
• Pay Stubs, W-2s, or Tax Returns to confirm employment and income
• Work Contracts or letters explaining job duties, employment start and end dates
• STEM OPT Training Plans (Form I-983) if applicable
• Employer's E-Verify Verification (for STEM OPT holders)
• Evidence of Maintaining Work Related to Field of Study such as projects, presentations, or performance evaluations

For unpaid employment during OPT, include:

• Employer Letters Confirming Voluntary Work
• Timesheets, Work Logs, or Supervisor Emails confirming work responsibilities

USCIS may scrutinize unpaid or volunteer work, especially during STEM OPT, so ensure that your documentation clearly shows valid employment.

3. Addressing Potential Gaps in Employment

USCIS may question periods of unemployment, particularly during OPT/STEM OPT. F-1 regulations allow:

• A maximum of 90 days of unemployment during regular post-completion OPT
• An additional 60 days of unemployment during STEM OPT

If you had any employment gaps, be prepared to justify them. You can include:

• Proof of Job Applications (emails, rejection letters)
• Professional Development Activities such as online courses, research, or networking events
• Travel Records if you were outside the U.S.

4. The Role of Bank Statements in Proving Maintenance of Status

USCIS sometimes requests bank statements to verify continuous status, especially when students claim employment during OPT or STEM OPT. Your bank statements should show:

• Consistent Payroll Deposits from employers
• Regular Transactions that align with employment claims
• Tuition Payments for those still enrolled

Gaps in financial activity, particularly during employment periods, may raise red flags.

5. Red Flags That Could Lead to an RFE or Denial

Be aware of common reasons USCIS may question your status:

• Day-1 CPT without Strong Academic Tie to employment
• Lack of Payroll Deposits (especially for full-time work)
• Unusual Work Hours or Remote Work Situations without clear employer oversight
• Multiple CPT/OPT Employers Without Clear Documentation
• Exceeding Unemployment Limits on OPT/STEM OPT
• Failure to Update SEVIS With Employment Changes

If USCIS issues an RFE, respond with clear documentation to address their concerns.

6. What Happens If Maintenance of Status Cannot Be Proven?

If USCIS determines that you failed to maintain valid F-1 status before your H-1B change of status request, they may:

• Deny the H-1B COS request, requiring you to leave the U.S. and obtain an H-1B visa through consular processing.
• Issue a Notice to Appear (NTA) if unlawful presence is triggered.
• Impact Future Immigration Applications, including green card eligibility.

7. Final Tips for a Smooth Change of Status Process

• Keep All Employment and Academic Records: Store copies of I-20s, pay stubs, W-2s, and other critical documents.
• Regularly Check SEVIS Updates: Ensure your employer and employment details are accurately reflected.
• Communicate With Your DSO: Keep them informed about employment and travel plans.
• Respond Promptly to RFEs: If USCIS requests more information, submit a well-documented response.