Future H1 Visa Worry

G

gc_waat

Registered Users (C)
Hello everyone, I have a really important question...please help me out.

I was on H4 visa for 7 years. I turned 21 and so I had to convert to F1 visa in order to complete my college degree. I am now scared that after I complete my education and after I am on OPT and apply for H1 visa will i be denied H1 because of the "6 year" max rule on H visas. I read on several sites that the combined stay for any H visa is 6 yrs. After that I have to physically leave U.S. for a yr.

Am I screwed under this restriction ? Do I have to leave U.S. for a yr and then apply for H1 ? Is there anything that I can do to reset this 6 yr rule cuz I have been here in U.S. since 14 and I don't know where to go outside U.S.

Thanks.
 
There are several ways you an postpone your trip - leaving US for 1 year. You can continue BS/MS maximum duration, and you are eligible bachelor, you can marry an US Citizen to get your Green card.

Did your parents ever applied GC? if not Why?


gc_waat said:
Hello everyone, I have a really important question...please help me out.

I was on H4 visa for 7 years. I turned 21 and so I had to convert to F1 visa in order to complete my college degree. I am now scared that after I complete my education and after I am on OPT and apply for H1 visa will i be denied H1 because of the "6 year" max rule on H visas. I read on several sites that the combined stay for any H visa is 6 yrs. After that I have to physically leave U.S. for a yr.

Am I screwed under this restriction ? Do I have to leave U.S. for a yr and then apply for H1 ? Is there anything that I can do to reset this 6 yr rule cuz I have been here in U.S. since 14 and I don't know where to go outside U.S.

Thanks.
Click to expand...
 
Last edited by a moderator:
great guru, thanks for the reply.

Marriage is temporarily out of question because I do not want to marry till I'm at least 27...I'm still 21.

My parents had applied for GC but they switched companies so they had to re-apply. Unfortunatley, I turned 21 before my LC approval and got kicked out of the GC process.

So, this means I need to go outside the U.S. for 1 yr and then apply for H1 visa from there right ? Even if I do Masters, I will be in the same situation I guess.

Do I also have to worry about H1 visa caps :confused:
 
gc_waat said:
great guru, thanks for the reply.

Marriage is temporarily out of question because I do not want to marry till I'm at least 27...I'm still 21.

My parents had applied for GC but they switched companies so they had to re-apply. Unfortunatley, I turned 21 before my LC approval and got kicked out of the GC process.

So, this means I need to go outside the U.S. for 1 yr and then apply for H1 visa from there right ? YES Even if I do Masters, I will be in the same situation I guess.

Do I also have to worry about H1 visa caps : YES confused:
Click to expand...
 
My parents will probably get their GC within a yr...is it a good idea to rely on Family Based GC ? How long does this process take ? I will be under the 2B category. I also retain my old Priority Date i think...
 
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