Can You Switch from H-1B to Another Status While Waiting for Priority Date?

For many people working in the United States 🇺🇸 on H-1B status, the journey toward permanent residency can feel long and uncertain. The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. Many H-1B holders hope to become permanent residents, but long backlogs—especially for people from certain countries—mean that waiting for your priority date to become current can take years. During this waiting period, you might wonder if you can switch from H-1B status to another nonimmigrant visa or even to an immigrant status, and what the steps, risks, and benefits are at each stage.

Let’s walk through the entire process, step by step, so you know what to expect, what actions you need to take, and how U.S. immigration authorities will handle your case. This guide will also highlight the pros and cons of switching status, recent policy updates, and practical tips to help you make informed decisions.

Understanding H-1B Status and Priority Dates

The H-1B visa is designed for people with at least a bachelor’s degree working in jobs that require special skills. It is a temporary visa, but it is often used as a stepping stone to permanent residency (a green card). When you or your employer files an immigrant petition for you—such as Form I-140 for an employment-based green card—you receive a “priority date.” This date is your place in line for a green card. You can only apply for adjustment of status (to become a permanent resident) when your priority date becomes current, which means your place in line has come up.

Because of long backlogs, especially for people from India and China, many H-1B holders wait years for their priority date to become current. During this time, your H-1B status might expire, your job situation might change, or you might want to study, start a business, or join a family member in another status. That’s when switching from H-1B to another status becomes important.

Step-by-Step Process: Switching from H-1B While Waiting for Your Priority Date

1. Assess Your Situation and Goals

Start by thinking about why you want to switch from H-1B status. Are you facing the end of your H-1B period? Do you want to study full-time? Has your job ended, or do you want to work for a different employer? Your reason will help you decide which visa or status to pursue.

1. Determine Eligibility for the New Status

You must qualify for the new status you want. Here are some common options:

• F-1 Student Visa: For full-time study at a U.S. school. You must show you plan to return home after your studies, which can be tricky if you already have a green card petition pending.
• O-1 Visa: For people with extraordinary ability in their field. This visa allows you to work for a specific employer or on specific projects.
• L-1 Visa: For employees of multinational companies transferring to a U.S. office.
• B-2 Visitor Visa: For short-term visits, not for work or study.
• Other Nonimmigrant Visas: There are other options, but each has its own rules and requirements.

Check the eligibility rules for your chosen status on the USCIS Change of Status page.

1. File the Correct Application

Once you know which status you want and that you qualify, you need to file the right application:

• Form I-539 (Application to Extend/Change Nonimmigrant Status): Use this for most nonimmigrant status changes, such as switching to F-1 or B-2. You can find the official form and instructions here.
• Form I-129 (Petition for a Nonimmigrant Worker): Use this if you are switching to another work visa, like O-1 or L-1. The employer usually files this form for you. The official form is available here.
• Form I-485 (Application to Register Permanent Residence or Adjust Status): If your priority date becomes current, you can file this form to become a permanent resident. The official form is here.

Make sure you file before your current H-1B status expires. If you file late, you could fall out of status and risk being asked to leave the United States 🇺🇸.

1. Maintain Your H-1B Status Until Approval

It’s very important to keep your H-1B status valid until your new status is approved. If you stop working or your H-1B expires before your change of status is approved, you could be out of status. This can make it harder to get future visas or a green card.

If your application is denied, you may need to leave the country right away. That’s why many people keep their H-1B status as long as possible, just in case.

1. Wait for USCIS to Decide

USCIS will review your application. Processing times vary depending on the visa type and the service center. For example, changing to F-1 status can take several months. You can check current processing times on the USCIS website.

During this waiting period, you must stay in the United States 🇺🇸 and not travel abroad. If you leave, your change of status application will be considered abandoned, and you’ll have to start over at a U.S. consulate abroad.

1. If Approved, Start Your New Status

Once USCIS approves your change of status, you can begin your new activity—studying, working, or visiting—under your new visa category. Make sure you follow all the rules of your new status.

1. If Denied, Act Quickly

If your application is denied, talk to an immigration attorney right away. You may have options, such as appealing the decision, reapplying, or leaving the country and applying from abroad. Don’t ignore a denial, as staying in the United States 🇺🇸 without valid status can cause serious problems for your future immigration plans.

1. Plan Travel Carefully

If you need to travel outside the United States 🇺🇸 while your change of status is pending, you’ll likely have to abandon your application and apply for a visa at a U.S. consulate in your home country. This can cause delays and risks, so plan your travel carefully.

Pros and Cons of Switching from H-1B While Waiting for Your Priority Date

Switching from H-1B status to another nonimmigrant visa or status can be helpful, but it also comes with risks. Here’s what you need to know:

Pros:

• Continued Work Authorization: If you switch to another work visa like O-1 or L-1, you can keep working even if your H-1B is ending or you change employers.
• Flexibility: Switching to F-1 status lets you study full-time and may give you extra time in the United States 🇺🇸 through Optional Practical Training (OPT).
• Avoiding H-1B Cap Problems: Some visas, like O-1 or L-1, are not subject to the H-1B lottery or annual cap.
• Maintaining Lawful Status: Changing status before your H-1B expires keeps you in good standing and eligible for future immigration benefits.

Cons:

• Work Restrictions: Some visas, like F-1, have strict rules about working. You may not be able to work at all or only in certain jobs.
• Intent Issues: F-1 and B-2 visas require you to show you plan to return home after your stay. If you have a green card petition pending, this can cause problems.
• Processing Delays: Change of status applications can take months. If your H-1B expires before approval, you could be out of status.
• Green Card Complications: Staying in H-1B status is often best for green card processing because it allows “dual intent”—you can plan to stay temporarily and also apply for a green card. Other visas may not allow this.
• Travel Risks: Changing status in the United States 🇺🇸 means you can’t travel abroad until approval. If you do, you may have to apply for a new visa at a consulate, which can be risky.

Recent Policy Updates and What They Mean for You

In January 2025, the H-1B Modernization Rule took effect. This rule updated some parts of the H-1B program, including how specialty occupations are defined and how the lottery works. However, it did not change the rules for switching status from H-1B to another visa.

USCIS still allows H-1B holders to file for change of employer, extension, and change of status petitions. The selection process for the H-1B lottery is now more focused on the individual, making it fairer for applicants.

For F-1 students, the Cap-Gap extension remains in place. This rule lets some F-1 students stay in the United States 🇺🇸 while waiting for H-1B approval.

A new domestic H-1B renewal program allows some H-1B holders to renew their visas without leaving the country, but this does not affect change of status rules.

USCIS has also reminded applicants that F and M students must show they plan to return home after their studies, even if they have a green card petition pending. This makes switching from H-1B to F-1 more complicated if you are waiting for your priority date.

Practical Tips and Common Scenarios

• If your H-1B is ending and your priority date is not current: Consider switching to another work visa (like O-1 or L-1) if you qualify. If you want to study, you can apply for F-1 status, but be aware of intent issues.
• If your job ends before your priority date is current: You have a 60-day grace period to find a new employer, switch status, or leave the country.
• If your priority date becomes current: File Form I-485 as soon as possible to adjust status to permanent resident.
• If you want to travel: Wait until your change of status is approved, or apply for a visa at a U.S. consulate abroad.

Case Study Example

Let’s say Priya is an H-1B worker from India 🇮🇳. Her employer filed an I-140 petition for her, and her priority date is still years away from becoming current. Her H-1B is about to expire, and she wants to pursue a master’s degree. Priya applies to change to F-1 status using Form I-539. She files before her H-1B expires and waits several months for approval. During this time, she does not travel outside the United States 🇺🇸. Once approved, she starts her studies. However, because she has a green card petition pending, she faces extra questions about her intent to return home if she later applies for a visa abroad.

What to Expect from Authorities

USCIS will carefully review your application to make sure you qualify for the new status and have followed all the rules. They may ask for more documents or information. If you are switching to a status that does not allow “dual intent,” like F-1, they will look closely at whether you really plan to return home after your stay.

If you apply for a new visa at a U.S. consulate abroad, the consular officer will also check your intent and eligibility. Denials can happen if they think you plan to stay in the United States 🇺🇸 permanently when your visa does not allow it.

Where to Find Official Information

For the most accurate and up-to-date information, visit the USCIS H-1B Specialty Occupations FAQs. This page answers common questions about H-1B status, change of status, and related topics.

As reported by VisaVerge.com, switching from H-1B to another status while waiting for your priority date is possible, but it requires careful planning and a clear understanding of the rules. Always consider speaking with an immigration attorney before making any changes to your status.

Key Takeaways and Next Steps

• Switching from H-1B status to another nonimmigrant visa or status is possible while waiting for your priority date, but timing and eligibility are critical.
• Keep your H-1B status valid until your new status is approved to avoid problems.
• Be aware of the risks, especially if switching to a visa that does not allow dual intent.
• Plan ahead for travel and work restrictions.
• Check official government resources and consider legal advice for your specific situation.

By following these steps and staying informed, you can protect your status and keep your green card journey on track.