H4 to H1 ( Cap Exempt ) Conversion Fee

Asked over 1 year ago - Herndon, VA

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. Karen-Lee Pollak

    Contributor Level 19


    Lawyers agree


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

  2. Bindi Chintan Parikh

    Contributor Level 11


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 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
    (702) 492-4920

  3. Akanksha Kalra

    Contributor Level 14


    Lawyer agrees


    Answered . 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... more

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