H-1B allows U.S. companies to hire temporary, non-immigrant workers for positions that require specialized knowledge or training. You will be permitted to work in America for three years so long as you maintain H1B visa sponsorship.
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Navigating the H4 to H1
H4 to H1 Conversion Process
The H4 visa was designed to allow dependent, immediate family members of H1B
workers to come to the United States. Before the new H4 EAD rule became effective
in May of 2015, H4 visa holders were only allowed to attend school in the U.S. and
could not hold a job. However, even though you may now apply for work
authorization with an H4 visa, there are still other reasons you may want to convert to
H4 to H1 Conversion Process Requirements
Form I-539 (Application to Extend or Change Nonimmigrant Status)
Other supporting documents including:
Employment offer letter
Labor condition approval (LCA)
Letter of support
A valid passport
Any and all expired passports
Form DS-160 confirmation page (the Visa Application Center must stamp
Requirements for the H1B Sponsoring
Provided you meet the requirements above, you
may apply for H4 to H1B change of status. It
should be noted that your intended employer will
have to file this change of status petition on
your behalf. When filing the petition, they will be
required to submit the following evidence:
Job title and description
Federal Tax ID number
Minimum requirements for the position
Name and title the person filing the
Name and address of the company
Brochures and other informational
resources about the company
Completed visa filing forms and fees
You cannot claim discrimination if your U.S. employer
decides to withdraw your employment and replace you
with a qualified U.S. employee.
Restrictions of the
You cannot begin working until your H1B work
authorization is approved.
If you are approved for H4 to H1B
change of status, there are some
restrictions for the H1B visa that you
should be aware of:
Including the allowable amount of extensions, you may
stay in the U.S. with an H1B visa for a maximum of six
You can only work for whichever employer is listed on
your H1B petition. Should you desire to change
employers, you will need to file a new H1B petition and
have it approved prior to your last day of employment
with your original employer.
For more information on the H4 to
H1 conversion process, contact the
experts at Katz Law Office Ltd.
today for a free consultation.
Katz Law Office, Ltd.
4105 West 26th Street Chicago,
(773) 321-6651/ (773) 321-6708