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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 Conversion Process
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.
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) ● ● ● ● ●
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 ● ● ● ● ● ● ● ●
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 H1B visa 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 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. ●
For more information on the H4 to H1 conversion process, contact the experts at Katz Law Office Ltd. today for a free consultation.
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