H1 6 years term expires Can I stay in this country on different visa

srikanth20

Registered Users (C)
My H1B 6 Years is expiring. Can I stay in this country on some other Visa Or Working in Canada can I visit U.S.
My wife came to U.S. on H4 visa.Later on she got H1B visa. Does the 6 Year period include both her H4 and H1.
 Or is it only H1 which counts in the 6 year period.
 
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Uselly you con\' stay on same \'H\'-Catagory , you can stay on Catagory .... F1..
 
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Relax Srikanth there are several ways you can stay in the US even if your H1 expires. If your wife still has H1 period remaining then it is best for her to find a job. Otherwise, you can extend your H1 by the number of weeks or months you have stayed outside US in the last six years. If you have already applied for I140 and you are expecting its approval in the next 4 or 5 months, I would suggest not to leave the US but wait for its approval. Once your I140 is approved you can apply for I485 and you will get your employment authorization along with it. You are safe as long as your combined total of unlawful stay in the US is less than 180 days.

Hope this helps!!

Past sufferer.
 
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Could you explain what do you mean by combined unlawful stay is
less than 180 days ??

My I140 is being processed at Vermont. I should get it in 3-4 weeks.
My priority date: Jan 13 1998/EB3

My h1 expires this December, should I stay back here after that ??
Currently EB3 ID is 2-1-1997, what are the chances of the ID becoming
current before I go beyond 180 days of unlawful stay ??

thanks
 
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1.First thing you need to do is claim any amount of time you did not stay in US(vacation etc.,);This makes you stay here for more while you try your luck with your PD getting current.
2.One option you can consider is Counsular Processing(CP).You can file an ammendment saying you want to go for COunsular Processiong instead of Adjustment Of Status(AOS).This ammendment takes about 6-12 months.Advantage here is CP takes about 6-12 months whereas AOS is taking on average about 2 years(sometimes even more).
check www.imminfo.com for more clear understanding.
 
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You can not apply 485 if you are outside USA.

If you are not in US, you don\'t have any status with INS, so no adjustment of status can be filled. But you can do CP.

Paul
 
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