How a Proposed Bill Might Impact H4 to F1 Change of Status

On July 12, 2024, Indian-American Congressman Shri Thanedar introduced H.R. 9023, the Keep STEM Graduates in America Act. This bill aims to make it easier for talented STEM students to stay in the U.S. after graduation by simplifying the H1B visa process and increasing the number of available visas.

While the passing of this bill could help many international students, it may hold particular promise for those on H4 visas. By changing status from H4 to F1, one can take advantage of the broader work opportunities put forth not only by H.R. 9023 but also by similar efforts in recent years to retain international STEM talent.

Overview of H.R. 9023 to Keep STEM Talent

Thanedar’s proposed legislation aims to encourage talented students to remain in the US after their studies by reforming the H1B visa process and increasing the number of available visas each year, making it easier for skilled individuals to contribute to the industry and economy.

In a recent press release, Congressman Thanedar emphasized the significant contributions of foreign students in technology and sciences to U.S. innovation and growth. The bill simplifies the H1B visa process and expands visa availability, ensuring that promising students can continue to innovate in the United States.

Thanedar additionally acknowledged the challenges of acquiring an H1B visa post-graduation, particularly the tight deadlines. He specifically proposed revisions to allow more time for international graduates to secure employment. 

Thanedar's proposal follows similar efforts in recent years by the Biden administration to improve pathways for foreign STEM talent. The administration expanded the STEM OPT program and introduced the "Early Career STEM Research Initiative.” These measures help international students, scholars, and researchers to better pursue their careers within the United States.

For those on dependent H4 visas, these initiatives can open up new possibilities. By undergoing an H4 to F1 change of status, you can graduate to broader opportunities for work in the United States.

Challenges Faced by H4 Visa Holders

The H4 visa allows immediate family members (spouse and children under 21) of H1B visa holders to reside in the United States. However, it comes with certain challenges and restrictions.

Limited Work and Study Opportunities

H4 visa holders can only apply for work authorization under very limited circumstances. Specifically, their H1B spouse must have an approved I-140. Otherwise, H4 holders cannot work without violating the terms of their visa status.

While enrolling in an academic program is permitted, securing an H4 to F1 change of status can open up additional routes to employment while you study.

Dependence on Primary H1B Holder

As an H4 visa holder, you face significant challenges due to your dependency on the primary H1B holder. If you cannot work, you have virtually no financial independence. This limitation affects your ability to contribute to household income or pursue personal goals.

Moreover, your visa status is directly tied to your spouse's H1B visa. If your spouse loses their job or their visa expires, your status is jeopardized as well. This dependency can create a sense of insecurity, as your ability to stay in the country relies entirely on the stability of your spouse's employment. By changing your status from H4 to F1, you gain significant control over your stay in the United States.

Benefits of an H4 to F1 Change of Status

Securing an H4 to F1 change of status opens up work opportunities through several programs, including Optional Practical Training (OPT). OPT lets you work in the U.S. for up to 12 months in a job directly related to your major. You can apply for OPT before or after completing your studies, although most students wait until graduation.

Curricular Practical Training (CPT) is another work option for if you undergo an H4 to F1 change of status. CPT allows you to work in a job related to your major as part of your curriculum. You can work part-time during the school year or full-time during breaks. This hands-on experience is an integral part of your education, helping you build professional skills and network with industry professionals​.

Available at some universities, a particular type of CPT called Day 1 CPT allows you to start working from the first day of your program. This option is ideal if you need to support yourself financially during your studies and want to gain immediate work experience. You can work in a field related to your major without waiting an academic year, as generally required with regular CPT.

Conclusion

Changing your status from H4 to F1 opens doors to new opportunities. Congressman Shri Thanedar’s H.R. 9023 and the Biden administration's efforts make this change of status even more attractive. You can gain independence and stability, pursuing your career goals in the United States without being tied to your spouse’s H1B status.

By securing an H4 to F1 change of status, you can access broader work and study opportunities. This change allows you to advance your career and gain independence. Embrace the chance to contribute to the U.S. workforce and secure a stable future for yourself, free from the limitations of an H4 visa.