We are in our 6th year stay.My wife just got a job.If she files for H1B for how how long will she get it.My company is filing extension based on our green card (labor has been applied for more than 1 year ).Will she be allowed to work only till end of 6th year or during our extended stay too.If she is allowed to work only till end of 6th year we'll have to get her transferred to H4 again?
6 year h4 to h1 ?
- Thread starter yogi
- Start date
To answer ur question
The total period in H visa be it H1 or H4 should be 6 yrs. If ur wife starts working before reaching the 6 yr limit and if she has not yet filed for Labor, then she will need to go back on H4 once the 6 yr limit expires.(Provided u have filed for 7th yr H1 extension).
I am not a lawyer so u better confirm with ur lawyer. Actually I am in a similar boat - my husband filed for Labor but I didn't.Both of us are on H1.Since our 6yrs will be expiring soon, our lawyer did mention to us that I will need to go on H4 once my husbnad files for 7th yr extension and will not be able to work till i get EAD
The total period in H visa be it H1 or H4 should be 6 yrs. If ur wife starts working before reaching the 6 yr limit and if she has not yet filed for Labor, then she will need to go back on H4 once the 6 yr limit expires.(Provided u have filed for 7th yr H1 extension).
I am not a lawyer so u better confirm with ur lawyer. Actually I am in a similar boat - my husband filed for Labor but I didn't.Both of us are on H1.Since our 6yrs will be expiring soon, our lawyer did mention to us that I will need to go on H4 once my husbnad files for 7th yr extension and will not be able to work till i get EAD