Does H4 time counts towards the 6 yrs of H1B

H

H1Extention

Registered Users (C)
Hi All
I came to the US on H4 visa and stayed on the same status for 2 years and then converted to H1B visa for the last 3 yrs. Now one of my colleague was saying that because I had H4 visa for 2 years I am left with just 1 year of my H1 visa only and after 1 year I would have to go back to my country for one year to get a new H1B visa. Is that true? Please tell me I am very nervous after hearing this.
 
H1Extention said:
Hi All
I came to the US on H4 visa and stayed on the same status for 2 years and then converted to H1B visa for the last 3 yrs. Now one of my colleague was saying that because I had H4 visa for 2 years I am left with just 1 year of my H1 visa only and after 1 year I would have to go back to my country for one year to get a new H1B visa. Is that true? Please tell me I am very nervous after hearing this.
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Your friend is absolutely right, It does count.
 
Is this information given on the USCIS website somewhere. I mean I want to make sure if this information is authentic because on USCIS website it very clearly says that the validity for H1B1 is 3 yrs initial with 3 yrs extention. It never says validity for H Visas is 3 yrs plus 3 yrs extention.
 
H1Extention said:
Is this information given on the USCIS website somewhere. I mean I want to make sure if this information is authentic because on USCIS website it very clearly says that the validity for H1B1 is 3 yrs initial with 3 yrs extention. It never says validity for H Visas is 3 yrs plus 3 yrs extention.
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have you checked with attorney? whatever you find out - can you post the info here, I want to know the same thing.

I got info from a lawyer in Chicago that the times are seperately counted, but so many peopale are claiming that it does and there is no info on USCIS web site...
 
I haven't seen about this rule in CIS's website either, but everybody somehow knows H1 + H4 is counted toward 6 years. It's pretty much a fact.
If I interpret the followings in a narrow sense, the time spent with H4 affects H1 eligibility as it simply says "H classification". I believe this includes H4 too.
Any way it is true that H4+H1 can not exceed 6 years unless you have PR petition filed in certain timeframe.

(B) When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad. The petitioner shall provide information about the alien's employment, place of residence, and the dates and purposes of any trips to the United States during the period that the alien was required to spend time abroad.
 
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H1 and H4 are not the only visas in H classification

there are I believe h2B, h2A, H3...with various time limits...

still, only h1 and h4 count together towards 6 yr time limit.
although this sucks, i dont have a problem aacepting it as long as there is written law or regulation that spells that out specifically...
 
felix31 said:
H1 and H4 are not the only visas in H classification

there are I believe h2B, h2A, H3...with various time limits...

still, only h1 and h4 count together towards 6 yr time limit....
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Who said only H1 and H4 ? It says "H classification" and pretty much all H visa as far as I read it correctly.
If I tell you more, L1+L2+H1+H4 can not be more than 6 years.
 
thanx man,

i mean, I can understand all that...I still have to express how ill conceived the whole thing is..

take H4 holders for instance, they cannot work and if they're from non-IT field, its difficult to find H1 sponsor, so 6yrs can really fly.

then, one day H4 cannot convert to h1 even when there are willing employers because of this ...... count :mad:

are there any other work visas open to H4 holders who had hit this famous 6yr limit??

anyone?
 
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