H-4 visa to H-1B Visa – 8 things to know about

Blog by AdviseHub

H4toH1

  1. You must meet the same criteria for an H-1B as your spouse did.  You must have a Bachelor’s degree or equivalent, a confirmed job offer, as well as all the support documents.
  2. Your petition will be entered in the April lottery, there is no special allotment for H-4 holders.
  3. You and your spouse can both have H-1B Visas at the same time, but only one of you can sponsor your children.
  4. If you receive an H-1B, usually you may not have to the leave the United States to receive your Visa. In many cases, you can travel to a US consulate in the US, or go to Mexico or Canada.  Check with a qualified lawyer.
  5. You and your spouse can work for different companies, and in different states, if necessary.
  6. If you spouse loses their H-1B status, they can become a dependent (H-4) to your Primary (H-1B)
  7. If you or your spouse becomes eligible for an Employment Based Green Card, the other spouse is eligible to apply as a dependent.
  8. There has been some discussion about allowing H-4 holders who are caught in long Waiting Periods, while waiting for a spouse’s I-140 to become current to work.  No decisions have been made.

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