This article was last updated and fact checked on October 11, 2024 by Mani Karthik.
So, you’re currently in the U.S. on an H4 visa, and you’re wondering, “How do I switch to an H1B and start working in the U.S.?”
The good news? It’s possible, but the process can be a bit tricky. Don’t worry, though—I’ve got you covered with everything you need to know to make the transition smoother.
Here’s a detailed guide to help you understand the process of converting from an H4 visa to an H1B work visa, step-by-step.
In this article...
What Is an H4 Visa and Why Convert It?
If you’re on an H4 visa, you’re a dependent of someone who holds an H1B visa (which is a work visa for professionals in specialized fields).
Unfortunately, the H4 visa alone doesn’t allow you to work in the U.S.—which is why many H4 holders look to transition to an H1B visa, which does offer work authorization.
This switch can open up opportunities for a fulfilling career in the U.S., but it requires jumping through a few legal hoops. So, let’s dive into the details!
When traveling to USA, travel insurance is much recommended.
Two great plans are, Atlas America and Safe Travels USA.
However there are other choices like these, as well.
Step 1: Secure a Job Offer
The first and most critical step is to get a job offer from a U.S. employer who is willing to sponsor you for an H1B visa. This is non-negotiable because the H1B visa is an employer-sponsored visa.
The employer needs to file an H1B petition on your behalf with U.S. Citizenship and Immigration Services (USCIS), and they will need to prove that the job you’ve been offered is in a “specialty occupation”—typically a field that requires a bachelor’s degree or higher.
Tip: Employers familiar with the H1B process are usually your best bet. Some companies may not want to deal with the paperwork, so find ones that have a history of sponsoring visas.
Step 2: The H1B Lottery System
Once your employer files the H1B petition, your application will go through a lottery system, depending on when it’s filed. This is because the U.S. government only issues a limited number of H1B visas each fiscal year (65,000 general cap + 20,000 for those with U.S. master’s degrees or higher).
The filing period typically opens in April, with the fiscal year starting in October.
If you get selected in the lottery—congratulations! You’re on your way to converting your H4 visa to an H1B.
Step 3: File Form I-129 for Change of Status
If you’re already in the U.S. on an H4 visa, and your H1B petition is approved, your employer will need to file a Form I-129 with USCIS. This form is used to request a change of status from H4 to H1B without you having to leave the U.S.
Tip: The I-129 should be filed at the same time as the H1B petition, so make sure your employer is aware that you need a change of status, not just a new visa.
Step 4: Wait for USCIS Approval
Once you’ve submitted your I-129, the waiting game begins. USCIS will process your application, which can take several weeks or even months.
However, if your employer opts for premium processing (by paying an additional fee), you can get a decision within 15 calendar days.
Once approved, your status will officially change from H4 to H1B, and you can start working for your employer!
What If You Don’t Get Selected in the H1B Lottery?
If your H1B application doesn’t make it through the lottery, you’ll need to wait until the next fiscal year to try again.
Alternatively, you can explore other visa options like the O-1 visa (for individuals with extraordinary abilities) or the L1 visa (for intracompany transferees). However, these are much harder to qualify for compared to the H1B.
Tip: If you have specialized skills or are in a niche industry, it’s worth exploring these alternatives with an immigration lawyer.
Can You Work on an H4 Visa?
If waiting for an H1B sounds too long, there’s another option to work legally in the U.S. while on an H4 visa. You may be eligible for H4 EAD (Employment Authorization Document) if your H1B spouse is on track for a green card.
The H4 EAD allows you to work for any employer in the U.S., and there’s no lottery system or cap on how many EADs are issued. This can be a good interim solution while waiting for your H1B.
Final Thoughts
Converting from an H4 visa to an H1B visa can open up exciting career opportunities in the U.S. But the process can feel a bit overwhelming, especially with the H1B lottery and multiple legal steps involved.
Tip: If you’re serious about working in the U.S., it’s a good idea to start your job search and the visa process early to make sure you hit all the deadlines.
With the right job offer, timely filings, and maybe a little luck with the H1B lottery, you’ll be on your way to working in the U.S. soon enough. Good luck!
