H1+H4 6 years - what should we do to stay here

M

minesw

Registered Users (C)
Hi,
please help me out with this asap...
I came here to US in march 1997. Then in May 2002 I changed to H4. Recently i went to CAnada to get my H4 stamped on my passport. My H4 extension papers have date till June 2004. But when visa was stamped at Consiulate in Canada they gave me visa till march 2003 only stating in my visa that ' Has petition till June 2004 but 6 year stay period expires on MArch 15 2003'. Seeing this note Immigration Officers at Canadian Border gave me I-94 only till March 15 2003.

So what should I do to stay here ?? My husband has applied for Gc only on September 2002 and we are from MAssachusetts.
Also my child is a US citizen. Will this help???
My husband is fine thru june 2004.
Please reply to me you carious suggesyions as soon as possible as I am running out of time to take a decison.
Thank You in advance.
 
Renew your H4

As far as your husband is eligible to stay 6th, 7th or 8th year - you can also stay.

Your husband applied his EDD in time and eligible for 7th year extention. Your case is straight, go and extend it.
 
How is she eligible for an extension beyond six years in March? Just because her husband has not yet reached the 6 year max does not mean that she is eligible for an extension. Here's an example to clarify. Let's say a person enters the US on an H-1 visa in March 1997 (H-1 six years is reached in March 2003). She meets someone who arrived in the US in H-1 status in March 2000 (H-1 six year limit reached in March 2006). They are married in March 2001. Neither applies for a GC. The wife loses her job and changes to H-4 status in March 2002. The Wife is NOT eligible to remain in the US in H-4 status after March 2003 under these facts.

I do not see how applying for a GC in September 2002 changes that situation.
 
Need more details

Hi jim
Thanks for you reply about clearing the 6 years visa restriction details. Could you pls provide me the details about the law or a link to any INS related websites where I can read more on this stuff.

Thanks
 
Hi Jim,
Thanks for your reply... I already know that I cannot stay in H4 status .. My question was is there any other option through which I can stay in US along with my husband ? Please let me know the available options other than going out of US for 1 yr.
 
Hi Jim,
Thanks for your rpy. I know that i cannot stay in H4 status. I just want to know are there any other options htrough which I can stay with my husband here in US. Pls let me know.
Thanks
 
Jim is absolutely right. I talked to my attorney about this. Here is the deal - It does not matter whether it is H1 or H4, a person cannot stay beyond 6 years if total of the H category visa (years on H1 + years on H4) equals to 6 years. The only exception to this is the new law where H1 visa can be extended beyond 6 years if labor application (GC) has been applied and one year has passed since the filing.

Other options to stay in US beyond 6 years are - change your H status to some other category like F1 student visa or some other. Even if this is done, you will have to be out of the country for one year after F1 expires.

Sometimes visa papers carry wrong dates, even stamping can go wrong. (In your case you are lucky they stamped it correctly) But it is our responsibility to calculate 6 years and be accountable for it. I cannot stress this enough because later on it will create such problems that cannot be repaired at all. Because of the current situation and new regulations after Sept. 11. Do the right thing and have all your documentation ready at all times.

I have discussed all these issues with my attorney in detail.
 
Hi Goldfish
Thanks for replying.. Thats what even my attorney is saying.. Only options are appying for other visas like visitor or student..
Once again I havea question here..
My husband's LC is likely to get cleared in another 6 months...and also by September , 1 yr time limiit after filing LC will be over. So if I get visitor visa till then will I be fine or should I still go out of country for 1 yr? Because afte his LC gets cleared 6 yr time limit does not apply to him as he can extend his visa ??so will it restrict me ??
Please respond to this.
Thanks
 
Hi Goldfish
Thanks for replying.. Thats what even my attorney is saying.. Only options are appying for other visas like visitor or student..
Once again I havea question here..
My husband's LC is likely to get cleared in another 6 months...and also by September , 1 yr time limiit after filing LC will be over. So if I get visitor visa till then will I be fine or should I still go out of country for 1 yr? Because afte his LC gets cleared 6 yr time limit does not apply to him as he can extend his visa ??so will it restrict me ??
Please respond to this.
Thanks
 
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