6 yrs H1 count

C

Cristian22

Registered Users (C)
Does anybody know, are these 6 years of H1 calendar years, or actual time that somebody had H1? In other words, do they (BCIS) count the time someone was unemployed?
 
Ones physical presence in USA , even if they are unemployed.

Case 1
a person is on h1b for 4 years then COS to H4.
He/She can be in h4 for only 2 years as the max years for H VISA is 6. (both h1 & h4)

The override to this is,
1) Labor is cleared and i140 is applied
2) labour is pending for more than 1 year.
 
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I hope you are wrong :(
I thought the H 4 visa is valid for as long as the sponsoring H 1 is valid...
Do you know this for a fact?
 
I am not sure about what the question is. Meow's post is accurate. H4 time is counted towards the 6 year limit. Even if there is a valid H1 that supports the H4 beyond the 6year total H visa time (both h1 and h4 taken together), you have either to leave USA or get some other visa like F or B.

Of course if you are eligible for 7th year H1 and if you can be on H1 then that is a safer outlet. On its own h4 cannot enjoy a 7th year extension (i.e. if supporting h1 is serving under 6 years).

similarly the 485 has to be filed to protect your status beyond this 6 years on the overrides meow has listed.
 
Here's the question: I started on H1 2 yrs before my wife. I was just layed off, so I need to transfer to H4. Now, for me the 6 yrs will expire in 2004, but for my wife the 6 yrs end in 2006. Can I stay on H 4 till 2006? Not that I want to, but 2004 is so close...
Thanks
 
no you cant.

the 6 year limit applies to the "H" status...does not matter if you were on H4/H1..also being unemployed does not help..will only hurt..since you are not supposed to be on H1 status and unemployed
 
tt tt, Jaxen and Meow are correct. Time in H-4 counts as time in H-1. You were in H-1 status even when you were not working. You were not properly maintaining your H-1 status, but you were in H-1 status.
 
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