3 Ways To Convert from H4 to H1B Visa

Just because something is difficult, it doesn’t mean we shouldn’t try. In this blog post, we are going to share 3 options or ways for you to convert from H4 visa to H1B Visa in the US. 

Now, if you’ve spent some time in the US on H4 Visa, we're sure you’re aware that it’s quite difficult to move to H1B visa from H4 Visa. But there are always ways to get it done!

Option 1: Finding an H1B Cap employer to sponsor your H1B Visa

We know what you’re thinking. “If only it was that easy to find an employer to sponsor my H1B”. But remember what I said at the start, just because something is.....So, with the knowledge that it’s going to be a difficult task, let's see how you can approach this. 

For those who are new to the US on H4 visa, getting a regular H1B visa requires you to go through a yearly lottery. It happens in March and the results are announced in April. Without going into too much detail about that process, what you need is an employer who agrees to file your initial registration for the H1B lottery. 

Now, the steps required to find an employer to sponsor your H1B visa also requires you to be a bit bold and scrappy at times. We have 3 tips to find an employer to sponsor your H1B visa. 

Tip 1: Network: 

Don’t start networking in February if you want them to file your lottery in March. Start networking much before that. Think August-September! Find people in your industry on LinkedIn or even Instagram these days. Build a genuine connection with them. Don’t just send them a “Hi”. 

Engage with their content. Reach out to them with a prepared script and don’t feel dejected if they don’t respond. There are plenty of people you can network with. 

Try to build a genuine connection over months and when you feel the time is right, make the ask. Keep your “ask” very specific. Share a role that you’re interested in and share your resume with them and ask them if they can refer you to their company. 

Target startups more. If startups like you, they will most likely hire you. Since they’re not aware of the entire process, they’ll probably ask you to figure it out and they’ll be willing to sign on any approvals you may need. 

Tip 2: Desi Consultancies:

Now, this is a double-edged sword. You can either strike gold with desi consultancies or get stuck with them. Which is why it’s important to do your homework before you start working with any of them. 

Every year, close to the time of the H1B Lottery, you’ll find plenty of desi consultancies advertise and even reach out to you. They will file your H1B lottery, sometimes even train you for roles and interviews etc. Select a consultancy that you feel is genuine. 

Now that can be tough, but we're here to help you. 

We’ll share a blog post on Desi Consultancies in the US. The pros, the cons, the red flag etc.

Tip 3: Be a thought leader in your field

Just because you’re not working it doesn’t mean you don’t keep up with what’s going on in your industry. Keeping up with what’s happening in your industry will also help you eventually for interview preparations. 

But the idea here is to not just stay updated but also put your thoughts out on LInkedIn or other platforms. 

Engage with like-minded people. Have your LinkedIn optimized. If you are regularly posting and acting as a thought leader in your field, you will find a lot of recruiters reaching out to you directly. 

Option 2: Find a cap-exempt employer

Cap-exempt employers are those employers who can sponsor your H1B visa but you don’t need to go through a lottery for that. Isn’t that cool. 

These employers could be a higher education institution, a non-profit associated with a higher education institute or with a government organization. You can find H1B Cap Exempt employers on this website - MyVisaJobs. 

Option 3: From H4 EAD to H1B Visa

This option is for those who already have an H4 EAD and are working in a company. For them, it may be beneficial to move to their own H1B status and not be dependent on your spouse’s H1B. IN this case, if the worst were to happen and if either of you are laid off, there’s a backup option. 

Unless you are going through a cap exempt employer, everyone else will have to go through an H1B lottery. And if you are selected in the lottery, there are a few more steps. Let us very briefly talk about those steps, too: 

Process after H1B Lottery Approval or through H1B Cap Exempt Employer

1. Labor Condition Application (LCA)

The employer files a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA includes details about the job, such as location, wage, and working conditions. The DOL verifies that the job offer meets certain labor standards.

2. H1B Petition (Form I-129)

Once the LCA is certified by the DOL, the employer files an H1B petition (Form I-129) with the U.S. Citizenship and Immigration Services (USCIS).

The petition includes required forms, supporting documentation, and filing fees.

3. USCIS Processing

4. USCIS reviews the H1B petition and supporting documents.

5. USCIS may issue a Request for Evidence (RFE) if more information is needed.

6. Premium processing can be requested for an additional fee, expediting the processing to 15 calendar days.

7. Approval and Change of Status

If the H1B petition is approved, your status changes from H4 to H1B on the specified start date - which is usually Oct 1. You can begin working for the sponsoring employer on or after the H1B start date.

We hope this blog post was helpful for you. Remember, if things aren’t going your way, It’s Ok Yaar and it soon will.