H4 to H1B Visa: Change of Status

Non-immigrants who wish to change their visa status from H4 to H1B must go through a list of standard procedures. H4 holders are dependents of H-1B employees, and under the new H4 EAD regulation, they can now study and work in the United States. These dependents can still seek a change of status from H4 to H-1B for a variety of additional reasons. Techfetch H1B is an immigration service provider that offers the best guidance for the H1B to H4 change of status.

An Overview on Who Can Change Their H4 Visa to an H1 visa

Verifying the H4 visa holder's eligibility to change their status to H1B is the first thing that needs to be done to convert their visa to H-1B status. A person is eligible to apply to change status if one of the following conditions is met:

• If the H4 holder has already applied for an H1B visa and was shortlisted in the lottery (the H1B cap does not apply to the individual)

• If the H4 holder has been offered a job with a company, filed an H1B petition, and has been selected in the H1B visa lottery.

• If the H4 holder has received a work offer from an employer exempt from the H1B limit.

List of Documents Needed to Change Status From H4 to H1B

In addition to submitting the documents required for an H1B application, an applicant for an H4 to H-1B conversion must provide the documents listed below.

• Complete I-539 Form (application to change or extend non-immigrant status)

• Provide documents, such as a job offer, employment conditions approval (LCA), and letter of support.

• You must submit all the documentation necessary for an H-1B visa.

Learn How to Apply for H4 to H1B Visa Change Status

The status of a person holding an H4 visa can be changed to an H-1B visa if the person meets the conditions of the H-1B visa. The H1B employer sponsoring the H4 holder must file the H1B petition. Along with Form I-129, the employer sponsoring the H1B worker must give in the following.

• Proof of labor status application.

• Proof that the proposed job offer qualifies for a specialty occupation.

• Proof that the beneficiary has the needed degree by presenting a photocopy of the certificates of employment degree (foreign degree or US degree), proof of experience, or specialization.

• A photocopy of the license or permission to engage in the acquired job.

The Takeaway

The H4 H1B application procedure is similar to the H1B application process. The difference is that the H4 holder should additionally file an I-539 Form to convert the status of non-immigrant. Otherwise, the application process is identical. Techfetch H1B will give the best guidance to process your US visa in a short duration by helping with the H1B to H4 change of status.