7th year extension questions!

G

GC0703

Registered Users (C)
Hi Guys,

Sorry for posting here, but this thread seems to be most active.

Now the questions,

I am in my 6th year of H1 and with my wife in her 5th year of H1. We both have LCs filed and waiting for DOL approval. Looks like I may have to change jobs and my employer will withdraw LC thus losing the ability to extend H1 beyond 6 years based on pending LC for more than 365 days.

1. Can I change to H4 after 6 years on my H1 are over. Assuming that her DOL is still pending and we are not able to file I485 at that moment!!!

2. Since, some one on 7th year can also extend H4 to 7th year, can my wife technically file for an extension before 6 years on her H1 (though she hasn't finished 6 years) and thus get H4 for me to 7th year, when her LC pending for more than 365 days?

Thanks in advance,
 
yes definitely your wife can file H4 for you if her Labor is pending more than 365 days
 
Originally posted by GC0703
Hi Guys,

Sorry for posting here, but this thread seems to be most active.

Now the questions,

I am in my 6th year of H1 and with my wife in her 5th year of H1. We both have LCs filed and waiting for DOL approval. Looks like I may have to change jobs and my employer will withdraw LC thus losing the ability to extend H1 beyond 6 years based on pending LC for more than 365 days.

1. Can I change to H4 after 6 years on my H1 are over. Assuming that her DOL is still pending and we are not able to file I485 at that moment!!! Yes

2. Since, some one on 7th year can also extend H4 to 7th year, can my wife technically file for an extension before 6 years on her H1 (though she hasn't finished 6 years) and thus get H4 for me to 7th year, when her LC pending for more than 365 days? Yes

Thanks in advance,
Click to expand...
 
thanks zamq and assur

One more question

So for the 7th year extension, looks like we have to have an LC/I140 pending for at least one of us !

Also can I in theory apply for LC today and convert to H4 at the end of 6 years and then convert back to H1, 365 days from today (but beyond my original 6th year) ?

Thanks again,
 
gc0703,
make sure that if you or your wife file labor 365 days before your 6 years over, then only your are eligible to stay here no matter what your visa is means in H4 or H1.
if you dont have filed 365 days before your 6 years quota and you wont get labor cleared then your in trouble.
 
here is a twist

What if the person who applied for LC loses his job.in the 7th year (after getting extension based on LC pending 365 days).. could they convert to H4(7th year ) based on spouse H1....at leat untill the exyension period is over??
 
The 6 years limit is a H based not h1 or h4.
Ex: iF you have stayed on H4 for 2yrs you can
get H1 only for 4 yrs and then apply for extension.
for 7year H extension.

Since you wife is in the 5th year you can apply for 7th year
extension only 6 months prior to 6th year completion, you
cannot apply while she is in the 5th year
and also it is clear you cannot apply for 7th year H4
while she is at 5th year. You will have to get your labour
cleared and I485 applied to stay.
 
Re: here is a twist

Originally posted by pani_6
What if the person who applied for LC loses his job.in the 7th year (after getting extension based on LC pending 365 days).. could they convert to H4(7th year ) based on spouse H1....at leat untill the exyension period is over??
Click to expand...
Yes - For remaining "Period" and or based on spouse's extensionable period whichever is more. This is a logical answer.
 
Originally posted by ring
The 6 years limit is a H based not h1 or h4.
Ex: iF you have stayed on H4 for 2yrs you can
get H1 only for 4 yrs and then apply for extension.
for 7year H extension.

(only if they file labor before 365 days of 6 years completion date)
"you have to keep in mind that 7th year extension is only for those people who already filed labor beogre 365 days of their 6 year quota for H1 people."


Since you wife is in the 5th year you can apply for 7th year
extension only 6 months prior to 6th year completion, you
cannot apply while she is in the 5th year
and also it is clear you cannot apply for 7th year H4
while she is at 5th year. You will have to get your labour
cleared and I485 applied to stay.
Click to expand...
 
here is a twist-Question Rephrase......

Let me rephrase the question... I am not the guy who originally posted this question....

If a person were to get the 7th year extension based on LC pending for 365 days..... and in the mid of the 7th year were to lose his job..... could that person stay on h4 untill the end of the 7th year....based on spouse h1.....(Spouse not applied for GC or LC only on h1b)........
 
TAMIL_GC,
Are you sure of this rule? I thought the total time period one can stay on H visa is 6 years and then increments of 1 year based on pending GC process. I guess if the supporting H1 also has a GC pending for more than 1 year - H4 can be extended beyond 6 years (just based on common sense, but the law does not always follow common sense, so someone with intimate knowledge may need to correct me), if there is no LC pending for the suporting H1, then I doubt H4 can use the 7th year extension .

001
Originally posted by TAMIL_GC
That person can stay on H4, if his/her spouse hold valid H1b irrelevant of LC/GC/7th year.
Click to expand...
 
yes as per lca_001
anyone cannot be in H4 unless the person who holds H1 has already applied LC 365 days before his 6 year quota over



so beware of this and do accordingly.it will be messy if you wont plan accordingly
 
I am sorry! I misunderstand the question. H4 counts towards the 6 years on H1B, though that is actually not written in any law.
 
here is a twist-Question Rephrase......

ok guys the person has already obtained 7th year extension of h1(7th year), on the mid of of this 7th year the person were to lose his job....so for the remaining time (until end of the 7th year extension period) can a person stay on h4 based on spouse h1b....(spouse not applied for GC or LC)......
 
Re: here is a twist-Question Rephrase......

Originally posted by pani_6
ok guys the person has already obtained 7th year extension of h1(7th year), on the mid of of this 7th year the person were to lose his job....so for the remaining time (until end of the 7th year extension period) can a person stay on h4 based on spouse h1b....(spouse not applied for GC or LC)......
Click to expand...

No.

The extension the person has got for 7th year is based on underlying LC and the person in question has to be on H1B visa. Now if H1B status itself is gone - what is validity of giving 7th year extension?
 
I think the law talks about H visa rather than H1B specifically (there are other H categories too).

pani_6: Talk to a competent lawyer for an accurate reading of the law.

001
Originally posted by TAMIL_GC
I am sorry! I misunderstand the question. H4 counts towards the 6 years on H1B, though that is actually not written in any law.
Click to expand...
 
Last edited by a moderator:
i agree with jharkandhi.
becoa the 7th year extension comes only for H1 B holders not for H4 .becoz H4 are dependents on H1.

pani_6, please make sure everything before making any decisions
 
Originally posted by zamq
i agree with jharkandhi.
becoa the 7th year extension comes only for H1 B holders not for H4 .becoz H4 are dependents on H1.

pani_6, please make sure everything before making any decisions
Click to expand...
Correct. Attorney makes a difference.
Out-Of-Status > If-No-Choice > Avail-Bush-Reform.
Quote "Go To H..." Ist Class Section-B.
Wait for me I will be in the same boat, if not got through labor.
More than 2 yrs. pending LC and one yr. extension does it make sense?
 
Last edited by a moderator:
hi,

what hapens if labor is still not cleared after the 7th yr extension? are you elidgible to aply for another year's extension?
 
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