How to Switch From H-4 to H-1B in 2026

Step by step

1. Find an employer willing to sponsor you. It must offer a specialty occupation job, which usually needs a bachelor's degree in a related field.
2. The employer registers you in the March lottery. For FY 2027, registration cost $215 per person and selection was weighted by wage level.
3. If selected, the employer gets a certified Labor Condition Application and files Form I-129 starting April 1, asking for a change of status from H-4.
4. Your H-1B status usually starts October 1. On that day your H-4 status, and your H-4 EAD, end.

When you can start working on H-1B

With a cap case, you start H-1B work on the approved start date, usually October 1.

Until then, you can keep working on a valid H-4 EAD. That can be for the sponsoring employer or someone else.

If your EAD expires before October 1, you must stop working until the H-1B starts. There is no cap-gap extension for H-4, unlike F-1 students.

Cap-exempt employers skip the lottery

Universities, their affiliated nonprofits and some research groups are cap-exempt. They can file an H-1B for you any time of year.

That can be a faster way off H-4. Our guide to cap-exempt employers explains who counts.

Fees in 2026

USCIS guidance says the $100,000 proclamation payment does not apply to a change of status it grants inside the US. It can apply if the change is denied, or if you leave the US before a decision.

As of October 2026, collection is paused by court orders, but appeals are pending. See our $100,000 fee guide.

DHS has also proposed a separate $103,265 fee for cap-subject H-1B petitions, published August 25, 2026. It is only a proposal as of today.

Your six-year clock starts fresh

Time spent in H-4 status does not count toward the six-year H-1B limit. A 2006 USCIS memo says a former H-4 dependent who becomes an H-1B worker gets the full period.

Once on H-1B, your new employer can also start your own green card case. Your spouse's case and yours can run side by side.

Things to settle before you switch

• Avoid international travel while the change of status is pending. Leaving can turn it into a consular case.
• Your children stay on H-4 under your spouse. If you become the H-1B worker, your spouse does not become your H-4 unless you file for that.
• Once on H-1B, you are tied to an employer. You can move jobs through an H-1B transfer.

Is it worth it?

It depends on how stable your spouse's status is and how long your EAD renewals take. Compare both paths in H-4 EAD vs H-1B, and find employers that file petitions on our H1B sponsors list.

This is general information, not legal advice. Confirm your situation with an immigration attorney before you act.

Questions

Sources

• USCIS: H-1B Specialty Occupations
• USCIS: H-1B Electronic Registration Process
• USCIS: Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers
• Federal Register: Fee for Certain H-1B Petitions, proposed rule (Aug 25, 2026)
• USCIS memo: Periods of admission for H and L nonimmigrants (Dec 5, 2006)
• USCIS: Employment Authorization for Certain H-4 Dependent Spouses

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