Does H4EAD to H1B Transfer need to go through lottery?

Hi Anil,

I would like to clarify my situation here.

I’ve H4EAD until mid 2022. I’m planning to start a job from next month using H4EAD. I’m interested transferring my H4EAD to H1B after some time.

  1. Can I do the transfer at any time before 2022 or is there a time limit like I have to start that within these many days of starting to work with an employer ?
  2. Does this transfer need to pass through lottery or can be done at any point of time before the current H4EAD expiry date?



Hi @radha

Have you ever got your own H1B approval through lottery in past?

No, Anil. I’ve never gone through H1B lottery.
I did PhD in Europe and moved to US only last year post marriage.
(Sorry about the delayed reply. I redirected myself to the WhatsApp group)

Hi @radha

If you have never got H1B before, then you will need to go through H1B lottery.

Everyone has to go through lottery for the first time H1B irrespective of what visa you hold currently.

once your h1B lottery is approved, you can switch back and forth between H4 EAD and H1B as per your choice and requirement.

Hi Anil,
This helps for now. I will get back later if there are any questions in the future.

I came to usa on H4 using my H4 stamping. Then got H1B selected in 2018 lottery and did a COS from h4 to h1b, and have the approved i797A. The question is can I transfer my H1b to a new employer within usa using my i797A, even though I dont have a h1b stamp in my passport?

you can transfer , I am assuming that you are working with employer and have valid i94 status .

yes, have i94. thank you, appreciate your response.