According to this new digital registration process, new companies that wish to file H1B petitions for 2021, need to register online.

This will make the current H1B registration processes for companies easier and streamlined.

Under this new process, employers seeking H-1B workers subject to the cap, or their authorized representatives, will complete a registration process that requires only basic information about their company and each requested worker.

USCIS

This process shall be initiated from March 1 through March 20, 2020.

It appears as though this is a filtration process whereby the Govt. can scan companies and choose the ones that are eligible for H1B processing.

Source – USCIS Press Release

The dependency status was frustrating until I found a way to convert my H4 visa to an H1B visa.

If you’re in this situation right now, I understand your frustration.

This comprehensive guide will walk you through the exact process I used to successfully transition from H4 to H1B, allowing me to work legally and build my own career in America.

Quick Overview: Converting from H4 to H1B Visa

Converting from an H4 to H1B visa isn’t a direct conversion but rather applying for a new visa category. You need an employer willing to sponsor you, meet education requirements, and go through the H1B lottery system (unless cap exempt).

The process involves finding a sponsor, filing for the H1B during the registration period, and then changing status if selected.

This change allows H4 dependents to work legally with their own independent immigration status rather than being tied to their spouse’s status.

Understanding H4 vs H1B Visa Differences

Before starting the conversion process, understand the key differences:

• H4 Visa: Dependent visa for spouses and children of H1B holders. Generally doesn’t allow employment except in specific EAD eligibility situations.
• H1B Visa: Employment visa for specialty occupations. Allows you to work legally for your sponsoring employer with the possibility of changing employers later.

The primary advantage of switching to H1B is gaining employment authorization and establishing your own immigration path separate from your spouse.

Pro Tip: Even after getting H1B status, consider maintaining your H4 status as a backup. If you ever lose your H1B job, having active H4 status can prevent you from falling out of status while you look for new employment.

Step by Step Process to Convert H4 to H1B Visa

Step 1: Find an Employer Willing to Sponsor You

This is often the most challenging part:

• Update your resume to highlight US relevant skills and education
• Network through professional organizations and LinkedIn
• Apply to companies known to sponsor H1B visas
• Be upfront about your current H4 status and need for sponsorship

The employer must be willing to pay the application fees and comply with Department of Labor requirements regarding prevailing wages.

Step 2: Verify Your Eligibility for H1B

Ensure you meet these basic requirements:

• Bachelor’s degree or higher in a field related to the job
• Job offer for a specialty occupation requiring specialized knowledge
• Employer willing to pay the prevailing wage for your position
• Valid passport and current H4 status

Your education credentials from India will need evaluation by a recognized US credential evaluation service if your degree is not from a US institution.

Step 3: Participate in the H1B Registration Process

Since 2020, USCIS has implemented a registration system:

• Your employer must register you during the registration period (usually in March)
• Pay a $10 registration fee
• Wait for the lottery results (usually announced in early April)
• If selected, proceed with filing the complete H1B petition

Step 4: File the H1B Petition if Selected

If selected in the lottery, your employer will need to:

• File Form I-129, Petition for Nonimmigrant Worker
• Include Labor Condition Application (LCA) certified by the Department of Labor
• Submit all supporting documentation and fees
• Request change of status from H4 to H1B within the petition

Step 5: Wait for USCIS Approval

Processing times vary but typically take 3 to 6 months for regular processing. Premium processing (for an additional fee) can reduce this to 15 calendar days.

During this time, maintain your valid H4 status and avoid international travel if possible, as it may complicate the pending change of status.

H1B Cap Exemption: A Faster Path for Some H4 Holders

Some employers are exempt from the H1B cap, meaning you can apply anytime without going through the lottery:

• Higher education institutions
• Nonprofit organizations affiliated with higher education institutions
• Nonprofit research organizations
• Government research organizations

If you find employment with a cap exempt employer, you can file for H1B any time during the year, significantly increasing your chances of status conversion.

Common Mistakes to Avoid When Converting H4 to H1B

1. Waiting Too Long to Start the Process

The H1B registration typically opens in March, with petitions filed in April for an October start date. Start looking for sponsors at least 6 months before the registration period.

2. Neglecting to Maintain Valid H4 Status

During the H1B application process, you must maintain valid H4 status. If your spouse’s H1B requires extension, ensure yours is extended too.

3. Assuming All Employers Can Sponsor H1B

Many employers, especially smaller companies, may be unfamiliar with the H1B process or unwilling to take on the cost and uncertainty. Research companies with a history of H1B sponsorship.

4. Traveling Internationally During Status Change

Traveling abroad while your change of status is pending may result in abandonment of that request. If absolutely necessary, consult an immigration attorney before traveling.

FAQs About Converting H4 to H1B Visa

Can I work while my H1B application is pending?

No, you cannot begin working until your H1B is approved and the effective start date has been reached (usually October 1). If you have an H4 EAD, you can continue working under that authorization until your H1B becomes active.

What happens if I don’t get selected in the H1B lottery?

If not selected, you remain in H4 status. You can try again the following year or explore other options like continuing education or applying to cap exempt employers.

Can I apply for H1B if I already have an H4 EAD?

Yes, having an H4 EAD doesn’t prevent you from applying for H1B. In fact, it’s advantageous as you can work legally while pursuing the H1B process, which can take several attempts due to the lottery system.

If I get H1B, what happens to my spouse’s status?

Your spouse will maintain their H1B status. If you later need to switch back to H4, you can do so as long as your spouse maintains valid H1B status.

Can I continue my education while on H4 and then convert to H1B?

Yes, pursuing further education in the US while on H4 status can make you more marketable to potential H1B sponsors. Many people complete master’s degrees on H4 status before securing H1B sponsorship.

Bonus Tips for Successful H4 to H1B Conversion

Consider pursuing US education. A US degree often makes you more attractive to employers and can help you build a professional network.

Look into Optional Practical Training (OPT). If you complete a US degree, you might qualify for OPT, which allows you to work for 12 months (or 36 months for STEM fields) without needing H1B sponsorship immediately.

Explore all visa options. Depending on your country of birth and qualifications, other visa categories like O-1, E-3 (for Australians), or TN (for Canadians and Mexicans) might be available.

Pro Tip: Create a separate resume specifically for H1B sponsorship applications. Highlight skills that are in demand and experiencing labor shortages in the US market. Include any specialized training, certifications, or unique expertise that makes you difficult to replace, strengthening the employer’s case for hiring a foreign worker.

Key Takeaways for Converting H4 to H1B

• Finding a willing sponsor is the most crucial and challenging step
• Timing is critical due to the annual H1B registration cycle
• Maintain valid H4 status throughout the application process
• Consider cap exempt employers for greater flexibility
• Have a backup plan in case of lottery rejection
• Keep multiple immigration paths open when possible
• Network aggressively to find sponsorship opportunities
• Consult with an immigration attorney for complex situations

Remember that the H1B conversion process often takes multiple attempts due to the competitive lottery system. Don’t get discouraged if it doesn’t happen on your first try.

I wish you the best of luck on your journey to professional independence in the United States!

The freedom and career growth that come with your own H1B status are well worth the effort of this transition.

Stay persistent and your professional dreams in America can become reality!