Skip to main content

H4 to H1 ( Cap Exempt ) Conversion Fee

Herndon, VA |
Filed under: Immigration

Hi I worked in US with H1B Visa , for some reasons i had to convert my Visa to H4 for 1 year . Now i would like to start working again , So here are my questions . 1 ) Can i convert my Old H1B with my same employer from H4 . ( H4 to H1 ) ? 2 ) If yes , The USCIS fee would be equivalent to the new H1 or a smaller fee as i am not under the quota since i am applying COS to my old H1B ? Please provide your valuable suggestion .

Attorney Answers 3


  1. Best answer

    If your old employer wishes to sponsor your again, you may file for a COS to H1B.
    The fees would be the same as a new H1B.

    Our law firm handles matters like these and will be glad to assist.

    Bindi Parikh
    Parikh & Prasad Law Group
    bindi@path2immigration.com
    (702) 492-4920


  2. If you were in the U.S. in H-1B status in the last six years, you may be able to change your status from H-4 to H-1B (and not be subject to the H-1B quota). The H-1B filing fee has to be paid by the petitioning employer. If an H-1B petition is being filed as an extension or amendment with the same employer, the Fraud Detection & Prevention fee may not apply (the other H-1B filing fee/s would still be applicable).

    Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.


  3. The filing fees are the same as for a new H1B. You would change your status from H4 to H1

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics