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.
2. H4 to H1 Conversion Process
Eligibility
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
H1B status.
3. 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
this document)
4. Requirements for the H1B Sponsoring
Employer
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
● Proposed salary
● Federal Tax ID number
● Minimum requirements for the position
● Name and title the person filing the
petition
● Name and address of the company
● Brochures and other informational
resources about the company
● Completed visa filing forms and fees
5. Restrictions of the
H1B visa
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:
● You cannot claim discrimination if your U.S. employer
decides to withdraw your employment and replace you
with a qualified U.S. employee.
● You cannot begin working until your H1B work
authorization is approved.
● Including the allowable amount of extensions, you may
stay in the U.S. with an H1B visa for a maximum of six
years.
● 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.
6. For more information on the H4 to
H1 conversion process, contact the
experts at Katz Law Office Ltd.
today for a free consultation.
7. Thanks!
Contact us:
Katz Law Office, Ltd.
4105 West 26th Street Chicago,
IL 60623
(773) 321-6651/ (773) 321-6708
http://www.katzlawchicago.com