FAQ: How To Convert H4 Visa To H1?

Applying for H1B from H4 Visa Status Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. The H4 visa holders sponsoring H1B employer must file his or her H1B petition. The H1B sponsoring employer will need to submit the following along with Form I-129.

• For conversion of visa status from H4 to H1 you must: Have H4 visa status. Have a job offer from an H1B appealing employer and be selected in the H1B visa lottery. Have earlier applied for H1B status, were selected in the H1B lottery and were exempted from the H1B cap now.

How long does it take to convert H4 to H1?

So, you are looking at H4 to H1B processing time of 6 months before you can start working. H4 to H1B Processing Time of 6 months includes H1B approval time and actual H1B Visa start date. If employer applies for H1B Visa with Premium Processing, you can get H1B approved in less than 3 weeks.

Can H4 get approved before H1?

No you can not. A H4 is tied to a H1, so until the H1B holder get their extension approved, the dependent H4 holder(s) can not apply for an extension. But remember, you are not out of status till USCIS gives a decision on the H1B.

How can I change my H4 status?

You need to file the following documents to change from H1B to H4 visa:

1. Form I-539 – Application to change nonimmigrant status.
2. Copies of passports – Both you and your spouse’s passports.
3. Approval notice – The approval notice of your current H1B visa.
4. Form I-94 – Your latest Form I-94 Arrival/Departure Record.

How can I convert H4 visa to work permit?

Options for H4 Visa Holders

1. Find a full-time job and have an employer sponsor H1B Visa.
2. Find a consultant and have them apply H1B Visa.
3. Find a full-time job that qualifies in Cap-Exempt H1B (How to Get A Job and Cap Exempt H1B Visa )
4. Go to School in H4 Visa.
5. Go to School in F1 Visa ( H4 to F1 Status Change)
6. Volunteering in your field in H4 Visa.

Can H4 apply for green card?

Under H-4 status, you will be able to live and study in the U.S. Those that are the spouses of H-1B holders can also work, provided that they obtain valid Employment Authorization Documents (EAD). Additionally, as of 2015, H-4 visa holders can apply for lawful permanent residence ( green cards ).

Can I have both H1B and H4?

One can have both H1b and H4 visa at the same time. If you already have H1B approved ( not required to be stamped), then you can travel to US on H4 and can search for a job and ask your potential employer to file for a cap exempt H1B transfer.

Can we file H1 while H4 is pending?

Filing H1B while H4 COS is pending. This is a complex scenario and you can file H1B and start working immediately as long as your i94 is still valid. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer).

How long does H4 approval take?

H4 EAD Application processing time for applying for approval (without RFE) usually takes 30–90 days from the date of receipt. After approval, it takes another ten days to get approval notice by mail, and approx. Fifteen days to get EAD card. You can raise a request after 75 days to get the latest update.

Does H4 and H4 EAD get approved together?

Q: Can we apply for H-1B and H4 extension and H4 EAD concurrently? A: Yes, you can. However, H-1B and H4 extension would have to be approved first before H4 EAD can be processed and approved.

Can my husband cancel my H4 visa?

Your husband cannot cancel your H-4 visa. However, if he divorces you, you will no longer be eligible for H-4 status.

Can H4 open bank account?

Yes, H4 holders can open bank account in US. Requirements to open bank account vary by bank. Usually they would ask for H4 status documents like approval notice, H4 visa stamping, I-94, Spouse approval notices, etc. You can also get a debit card from the bank.

Can I book H4 appointment before marriage?

H4 visa interview before full & final Indian marriage ceremony can result in form 221g denial. Visa officer asking for authentic photo album with relatives. You have to very careful as to how you plan. Do not be in hurry as it can really make things worse if a form 221g is issued.

Is H4 visa banned?

Since February 2019, the former President Donald Trump’s administration was moving to rescind the 2015 Obama-era ‘ H-4 Employment Authorisation Document ( EAD )’ rule. H4 visa is given to dependent spouses of H-1B visa holders to legally work in the US.

How much is H4 visa fee?

To apply for an H4 Visa, you must file the Form DS-160 online. Do not forget to pay the application fee and to save the receipt: you will need it during your interview. The H4 Visa has the same cost as the other H types permits, that is $190.

How H4 can earn money?

Nine ways to earn money legally

• Get paid for your opinion. Many companies will pay you to take surveys for market research.
• Try your luck at contests and sweepstakes.
• Write a book or music.
• Invest in a startup company.
• Invest in stocks.
• Start a YouTube channel.
• Become a student.
• Change your status.