6 year limit approaching while spouse still has time on H-1B !

[rkg12345]

Hello,

I will be exhausting my 6 year stay limit in U.S. in Dec 2004. I am on H-4 visa presently but have worked in the country on L1 and H1 in succession before that. My husband's GC petition is stuck in regional labor approval since July 2003. He has 3 more years on his H1.

If the approval doesnt come by December and we are not able to file for I-140/I-485/AP, then will I be able to file a petition for 7th year extension even though my husband doesnt require the extension for himself? If not, then what will be my options?

I have consulted a lawyer and he tells me that the extension cannot be filed, not to oversay, to convert to F-1 and stay in the country while waiting for the 485 stage. However, this is turning out to be a very expensive option financially.

Also, my I-94 is valid till Feb 2005. Do I need to take care of not overstaying the 6-year limit beyond Dec 2004 or does the date on I-94 override the 6 year limit date?

Has anyone faced such a situation before? I would very much appreciate your advice. Thank you in advance for your response.

 

[ginnu]

Hello,

I will be exhausting my 6 year stay limit in U.S. in Dec 2004. I am on H-4 visa presently but have worked in the country on L1 and H1 in succession before that.
My husband's GC petition is stuck in regional labor approval since July 2003.
--if his LC is pending more than 365 days and he or his lawyer has evidence of LC filing then he is eligible to file 7th year H1
He has 3 more years on his H1.
----- he can file H1 extension before his I-94 expires and you file H4 extension with form I-539 with his H1 extension papers and you will get H4 extensed till the date his H1 extension is approved or applied
If the approval doesnt come by December and we are not able to file for I-140/I-485/AP, then will I be able to file a petition for 7th year extension even though my husband doesnt require the extension for himself?
----- your husband will file H1 extension and you need to file H4 extension before your I-94 gets expired
If not, then what will be my options?

I have consulted a lawyer and he tells me that the extension cannot be filed, not to oversay, to convert to F-1 and stay in the country while waiting for the 485 stage. However, this is turning out to be a very expensive option financially.

Also, my I-94 is valid till Feb 2005. Do I need to take care of not overstaying the 6-year limit beyond Dec 2004 or does the date on I-94 override the 6 year limit date?
------- you have I-94 is valid till Feb 2005 and till that time you are in status and if your spouse file H1 extension or his H1 approval is more than feb 2005 you can file H4 extension before your I-94 expire and will get H1 extension till your spouse recent H1 approval.
Has anyone faced such a situation before? I would very much appreciate your advice. Thank you in advance for your response.

 

[rkg12345]

6 year limit approaching while spouse still has time on H1

Thanks for your response, ginnu. However, the problem isn't that my husband is completing his 6 years. The problem is that I am before he does. I have worked in this country before and am now on H4. My 6 years will finish when he would still have time on H-1.

My question is whether I can apply for extension when he doesnt require one.

 

[ginnu]

Thanks for your response, ginnu. However, the problem isn't that my husband is completing his 6 years. The problem is that I am before he does. I have worked in this country before and am now on H4. My 6 years will finish when he would still have time on H-1.

My question is whether I can apply for extension when he doesnt require one.

----go to good lawyer