Best Way to Convert H4 Visa into H1B Visa?

"Transitioning from an H4 visa (dependent spouse of an H1B holder) to an H1B visa (work visa) is a common and achievable path — but it must follow specific legal steps and timing.

Here’s the best and most effective way to go from H4 → H1B ????

Step-by-Step Process

1. Find an H1B-Sponsoring Employer

You must first get a job offer from a US employer willing to sponsor your H1B visa.

The employer must:

Offer a specialty occupation position (usually requiring a bachelor’s degree or higher).

Be registered with the USCIS H1B electronic registration system.

Tip:

Look for companies with a history of H1B sponsorship — in tech, healthcare, finance, engineering, or consulting sectors.

2. Get Registered in the H1B Lottery (If Subject to Cap)

Most applicants must go through the annual H1B lottery, held around March each year.

Your employer must:

Submit an H1B registration for you.

Wait for lottery selection results (usually announced by April).

If selected, they can file your H1B petition (Form I-129) with USCIS.

3. Apply for Change of Status (H4 → H1B)

If you’re already in the US on H4, your employer can request a change of status as part of the H1B petition.

That means:

You don’t need to leave the US.

Once approved, your status automatically changes to H1B (starting October 1, if it’s a cap-subject H1B).

Processing time: Around 2–6 months, or 15 days with premium processing.

4. Start Working Once the H1B Takes Effect

You can legally start working only after your H1B is approved and active (usually October 1 for new petitions).

Alternative Paths (If You Miss the Lottery)

Option 1: Cap-Exempt H1B

If you get a job at a university, nonprofit research institution, or government research agency, you can get an H1B anytime, without waiting for the lottery.

Option 2: Continue on H4 EAD

If your spouse (H1B holder) has an approved I-140 (Green Card stage), you may apply for an H4 EAD (Employment Authorization Document) to work while waiting for H1B.

Option 3: Work from Abroad and Re-enter

If you get selected for H1B while abroad, you can attend a US visa interview at a consulate and enter on an H1B visa.

✅ Key Documents Required

Valid passport

H4 approval notice (I-797)

I-94 record

Educational documents (degree, transcripts)

Job offer letter and Labor Condition Application (LCA)

Employer’s H1B petition documents"