7th year H1 extention question

D

dsatish

Registered Users (C)
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 answer this question.
The person is completing 6 years on H1 as of March'2005. He has filed for his LC in 2003 and it is still pending. So he is eligible for 7th 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.
 
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First of all, I didn't experience this myself.

But I think the spouse should convert back to H4. Here is the link from immihelp

"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. "

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

Hope this helps
 
Change to H4 is the option.
I understand this will impact the job :(

I guess that's the way it is till one becomes eligible for an EAD. The spouse may then use an EAD, while the primary continues to remain on H1 extension. The spouse's H4 will become invalid upon using the EAD, and an AP will be required for re-entry after travel abroad. Doses not impact primary applicant on H1 extension.
 
7th year H1 extension query

Hi,

Here is my situation. Please help if you can.
My 6 yrs on H1 are completing on Nov 2004. I've applied for GC labor in Mar 2003 via NY (which is ver slow).
Now I'll apply for 7th year extension (and if premium i can get it within 15-20 days.. I hope)
can I change my employer, that is can I use this H1 (extended one) to file for an H1 transfer to a company in New Hampshire etc.. where I reapply for GC and get it very quicker.

OR
can a company B apply for a 7th year extension on the basis of labor applied by company A ??

also I dont know how to post new threads....
thanks
vikas
 
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