7th Year extension (to H4) question...

[PradK]

I am on my 6th year of H1 and my wife is on here 5th year (she joined me about 10 months later on H4 then converted to H1). If for some reason, my LC doesn't go through and I can not extend to 7th year based on my LC, can I stay on H4 after my 6 six years since my wife will still have H1 for almost another year.

Alternately, I am told that I can claim about 40 days that I was out of this country as well as changing employer (not on any H1 technically). And, I am just over 5 years now since my first entry but will still have about a year if I can claim thaose 40 days. Can I technically file a labor with any employer soon, and then file for that 40 days extension first and at the end of that 40 days, claim that my labor is filed more than 365 days and then claim 7 th year extension.

I know the second option sounds crazy... but please any opnions/advise' are appreciated.

Thanks in advance,
-Prad

 

[ginnu]

http://www.immigrationportal.com/showthread.php?s=&threadid=114032

 

[PradK]

Thanks

Ginnu,

Thanks,

Any opnions on the second question too...?

 

[ginnu]

for 40 days or 50 days out of US generally USCIS don’t approve or give extension, nothing wrong in trying. all depends on your lawyer and supporting documents and how he Argue with USCIS