H4 to H1B change


Currently I’m in H4. I would like to apply for H1B. I have already worked under H1B 3 years back,so I will come under cap exemption. If I now apply for H1B, then will it be like fresh petition? Can I apply my H1B in any timeframe?


If you already hold a H1B and the previous approval has no restrictions, then you can apply H1B under cap exempt category at any time.

If you are in US on H4, then you will have to apply COS from H4 to H1B and on its approval you can start working.

If your H1 has expired, you may need to file an extension too.

Thanks for your information. My previous H1B has expired and currently I’m in US in h4. So to my understanding, I need to apply for COS from H4 to H1B and file extension for H1B. Please correct me if I’m wrong.

If so, How much amount will take for COS and extension,