6 yrs H1B ending and losing job !

A

All_names_are_reserved

Registered Users (C)
I have the following question:

I shall be completing 6 yrs on H1 in Oct., 2004. My wife still has 2 yrs remaining on her H1.

1. If I lose my job, can I change to H4 and continue as a dependent on her H1 even after the end of year (I have read elsewhere that to calculate the 6 yrs limit, H4 + H1 time is used. If that is true then I will not be able to continue on H4 beyond Oct 2004.) ?

2. If I lose my job with EAD approved, pending I-140 and I-485, would I have some other options available ?

Thanks.
 
I have the following question:

I shall be completing 6 yrs on H1 in Oct., 2004. My wife still has 2 yrs remaining on her H1.

1. If I lose my job, can I change to H4 and continue as a dependent on her H1 even after the end of year (I have read elsewhere that to calculate the 6 yrs limit, H4 + H1 time is used. If that is true then I will not be able to continue on H4 beyond Oct 2004.) ?
--- that is true
2. If I lose my job with EAD approved, pending I-140 and I-485, would I have some other options available?

---- if your I-485 is filed and have EAD you can use EAD for work as your status is AOS pending or can extend H1 for 7th year before you hit 6 years on H1b just attach I-140 pending or I-1485 pending receipt and file 7th year H1 extension
 
Thanks for replying ginnu.

Regarding your answer to the 2nd Qs:

2.1. I will not be able to change employers with a pending I-140, even though I have an EAD, right ?

2.2. Also, if I lose my job, my employer will terminate my I-140. So, I guess my EAD will also be invalid, right ?

Let me know what you think.
 
2.1. I will not be able to change employers with a pending I-140, even though I have an EAD, right?
----- You can change job with EAD but the RISK is if the employer revokes I-140 before I-140 approval, better stick with the employer till I-140 gets approved. You can file 7th year H1 extension now.
2.2. Also, if I lose my job, my employer will terminate my I-140. So, I guess my EAD will also be invalid, right ?
----- If the employer revokes I-140 before I-140 gets approved then EAD, AP I-485 all will get cancelled because EAD is based on I-485 and I-485 is based on I-140.

Once the I-140 gets approved and I-485 pending more than 180 days you will be safe to use AC21
*** if you lose job with present employer enter a Deal or request not to revoke I-140
 
One last Qs ginnu -

Is a company required by law to revoke I-140 after terminating employment (as for H1-B) ?

I would think NOT, as it is for a future job, right ?
 
Questions...?

Originally posted by ginnu
I have the following question:

I shall be completing 6 yrs on H1 in Oct., 2004. My wife still has 2 yrs remaining on her H1.

1. If I lose my job, can I change to H4 and continue as a dependent on her H1 even after the end of year (I have read elsewhere that to calculate the 6 yrs limit, H4 + H1 time is used. If that is true then I will not be able to continue on H4 beyond Oct 2004.) ?
--- that is true


Ginnu,

Which one is true..? Can we convert to H4 or not ?

I am kind of in the same boat. My H1 expires in early 2005 but my wife has another year or so after that...

If some one on the 7th year can extend their spouses VISAs to H4 after 6 years.. why can't we..?

Does it make a difference if spouse has a labor pending more than 365 days before 6 years on my H1???

Also check this link, which talks about H4 extension possibilities and also addresses our situation, if I understand correctly!

http://www.immihelp.com/visas/h1b/beyond6.html



2. If I lose my job with EAD approved, pending I-140 and I-485, would I have some other options available?

---- if your I-485 is filed and have EAD you can use EAD for work as your status is AOS pending or can extend H1 for 7th year before you hit 6 years on H1b just attach I-140 pending or I-1485 pending receipt and file 7th year H1 extension
Click to expand...
 
I believe ginnu said NO to the point you are asking about converting to H4 by using H1 of ur spouse.

Also, I am pasting the last para from the website u mentioned:

"In case the spouse of the H-1B alien also carries a H-1B visa status and reaches the 6-year limit at the same time when the principal H-1B alien who filed for labor certification application reaches the 6-year limit. The accompanying H-1B spouse can NOT extend her/his own H-1B status beyond 6 year limit in the event that the principal alien labor certification H-1B alien becomes eligible for the 7th year extension of H-1B status based on the 365-day rule under DOJ Authorization Act of 2002 and AC 21. However, the spouse can file I-539 to apply for change of status from H-1B to H-4 along with the principal spouse's 7th year extension petition and USCIS will approve such application for change of status to H-4 even beyond the H-visa status limit of 6 years. In other words, the H-1B accompanying spouse cannot extend his/her own H-1B status beyond 6 years but can change the status to H-4 and remain in the country beyond six years until the green card is adjudicated. In all these cases, the aliens should maintain valid H-visa status without violations. "

This is focusing on the scenario when BOTH the spouses are reaching the 6 yr limit.
What about this scenario - The spouse through whom the GC was being done reaches 6 yr limit and gets laid off (implying the GC process is invalid ), but the other spouse has some time on his/her H1. Will the laid off spouse be able to get H4 ?

To this ginnu had replied NO, as I understand.
 
...

You are right... it does talks about cases simulateneously expiring 6 years...

And, thats the reason I asked other question... what about in the cases where spouse has a LC pending for over a year.. (though technically they don't need 7th year extension) but their spouses need 7th year....

If the goal of AC21 (HR 2115) is to give relief to folks waiting for LC (or 140) forever... it should also work in our case right..?
 
ya, it should work, but if both of them (the couple) are on H1's then they are maintaining an independent status as per INS. So, there are two options -

1. File for GC of the other spouse (if less than 5yrs on H1 +H4), assuming labor is taking more than a yr.

2. Go ahead and use the EAD and hope that the pending 140 and 485 come thru. The principal GC beneficiary can still maintain his/her H1 status.

Anybody, any comments ?
 
Same boat-7th year extension question! important and urgent

So if a person on 7th year of H1b based on his LC pending for 365 days were to lose his job, could that person get H4 based on wife's h1b??.

My h1b 6 year limit expiers on 31 oct 2004 and I will get an 7th year extension to oct31 2005 since my LC is pending, if I were to lose my job could I be on h4 till oct31 2004. since my wife is on 2nd year h1b ???,
 
I believe so. But, only till Oct 31st, 2004. After that u will have to leave USA for a yr to start afresh.

PS: This is what I understand but then I am not the legal authority on immigration !
 
You must log in or register to reply here.
Top