My colleague(American citizen of indian origin) asked me a question that relates to his brother . I think only those who have experienced the 7th year H1 extention can naswer this question.
The person is completing 6 years on H1 as of Matrch'2005. He has filed for his LC in 2003 and it is still pending. So he is eligible for 6th year extention. The problem is with his wife's 7th year extention. She came on H4 initially and after 1 yr she has converted to H1. Her lawyer is saying that her husband's pending LC will not help her stay here beyond 6 yrs (March'05) because she has not filed LC on her own. She can how ever convert back to H4 before March'05. That is what her company's lawyer told her.
The couple have taken an expert opinion from a noted lawyer and the noted lawyer told that if her husband gets 7th year extention, then she is also eligible for H1 7th year extention. But still the company lawyer is not agreeing to this argument. He refuses to accept that. Did any of you face this type of situation ? If so, please clarify.
The person is completing 6 years on H1 as of Matrch'2005. He has filed for his LC in 2003 and it is still pending. So he is eligible for 6th year extention. The problem is with his wife's 7th year extention. She came on H4 initially and after 1 yr she has converted to H1. Her lawyer is saying that her husband's pending LC will not help her stay here beyond 6 yrs (March'05) because she has not filed LC on her own. She can how ever convert back to H4 before March'05. That is what her company's lawyer told her.
The couple have taken an expert opinion from a noted lawyer and the noted lawyer told that if her husband gets 7th year extention, then she is also eligible for H1 7th year extention. But still the company lawyer is not agreeing to this argument. He refuses to accept that. Did any of you face this type of situation ? If so, please clarify.