H1 -- Officially in 7th Year, Physically not, Help

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csarip

Registered Users (C)
Hi,

I am in 7th year H1 visa extension which is valid till november 2005. But, i haven't completed my total 6 years in my H visa ( I have completed only 5 years 5 months till now), i was out of US for some duration inbetween and i haven't recaptured that period during 7th year extension last year as per my lawyer's advise.

My wife is working on H1 and have 2 more years on that. Can i recapture that period and convert to H4 till i reach 6 years H status period. I am asking this as am allready in 7th year H1 visa now.

Please share and suggest your ideas.

Regards,
CSARIP
 
csarip said:
Hi,

I am in 7th year H1 visa extension which is valid till november 2005. But, i haven't completed my total 6 years in my H visa ( I have completed only 5 years 5 months till now), i was out of US for some duration inbetween and i haven't recaptured that period during 7th year extension last year as per my lawyer's advise.

My wife is working on H1 and have 2 more years on that. Can i recapture that period and convert to H4 till i reach 6 years H status period. I am asking this as am allready in 7th year H1 visa now.

Please share and suggest your ideas.

Regards,
CSARIP
Click to expand...
Hi,
In my opinion, yes, you can recapture 6 months and go to H4. This H4 will be valid only for another 6 months only as you have already completed 5.5 yrs on H status. Talk to a good attorney to do so.
What are you planning to do after these 6 months. You will not be able to get extension beyond these 6 months as your spouse is not applying for 7th yr. ext. yet. Why you do not want to stay on your own 7th yr. ext, any specific reason?
 
Thankyou very much Eric for the information provided.

I am allready in 7th year extenion. I can apply for 8th year extension, but our company is doing bad and laying off people from this month. Within these 6 months, i may not get a new h1 and approved labor to get into 8th year and stay here. I am trying, but, it depends purely on luck.

Just trying to be here for these 6 months and i will get time to search offshore job and can attend some classes

Please inform me if you have any other information

Thanks
CSARIP
 
csarip said:
Thankyou very much Eric for the information provided.

I am allready in 7th year extenion. I can apply for 8th year extension, but our company is doing bad and laying off people from this month. Within these 6 months, i may not get a new h1 and approved labor to get into 8th year and stay here. I am trying, but, it depends purely on luck.

Just trying to be here for these 6 months and i will get time to search offshore job and can attend some classes

Please inform me if you have any other information

Thanks
CSARIP
Click to expand...
Ok, I think you definitely need to talk to a good attorney about this. My doubt is that once go to H4 (if that is at possible), you will not be able to get 7th or 8th year H1 ext because you will not be in your H1 6th/7th year at that time. You will be on H4. You will get a H4 (and not H1) 7th / 8th yr ext. only when your primary H1 gets 7th / 8th yr. ext. Anyway,definitely talk to a good attorney regarding this.

I will suggest you something, instead of going to H4, try to transfer your H1 to a consulting company. There are companies that will take your H1 txfr and help you in finding a project. Then you can keep extending your H1 for 8th yr and so on based on your current pending LC for now. Ask your new employer to file a new LC and you can get a 9th yr. based off of that LC. May be in another year or 2 you will get your GC.
In my opinion, it is better to transfer your H1 to a consulting company willing to help you find a project than going to H4, just my opinion.
 
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