H1 to F1 and back after 6th year

G

gitanindya

New Member
I am on H1-B and my 7th year extension will be filed soon. My wife is on an H1-B too but her 6 years on H-visa runs out at end of January 2006 because her employer (same as mine) did not apply for her LC (like they did for me). They are already filing for her LC based on Perm processing on an expedited basis but with the recent retrogression of I-485 dates, it is unlikely that either of us will get our EAD's soon. I know that she either has to go out of the country for a year or work abroad for the year before she can return on an H1-B or EAD (whichever is sooner).
However, is there a possibility that she go on an F1 (student) Visa or stay in the U.S. on any other type of Visa at the end of January and still be eligible to work in the US after a year on an H1-B petition?
 
hi

Just convert H4 for your wife.So she will not have to go to India. Thats the only thing I knew. And I am not sure that you wife can also file for her labour.

BOL

Sunny
 
gitanindya said:
However, is there a possibility that she go on an F1 (student) Visa or stay in the U.S. on any other type of Visa at the end of January and still be eligible to work in the US after a year on an H1-B petition?
Click to expand...

F1 may be fine, but since she is married to you who is doing GC process,
there may be a slight chance to be denied. IN application, there is no question asking if spouse is applying for GC, so that it's most likely fine, but if they asked this question on interview, there is a risk.
H4 is better option.
She can not work unless she has H1 or EAD..
 
Last edited by a moderator:
gitanindya,

As far as I know, your 6yrs of H visa limit is including H1 & H4. Your wife cannot convert to H4 after her 6 yrs of H1B.

Converting to F1 option:

An individual should leave the country for 1 yr after the 6yrs of H1/H4 period. Once you are outside the United States for 1 yr, you are eligible for another 6yrs of H1B visa. I'm not sure about the option of converting to F1/L1 etc.


7th yr Extension

An individual is eligible for 7th yr extension if he/she has a pending labor for more than 365 days in DOL. - 1yr extension eligibility

An individual is eligible for 7th yr (3yrs) extension if he/she has approved I140 application and waiting for 485 visa numbers. - 3yr extension eligibility
 
Since H4 is dependent of H1, i believe as long as primary's H1 is valid, dependent can go with H4 even beyond 6 years.
 
gitanindya said:
I am on H1-B and my 7th year extension will be filed soon. My wife is on an H1-B too but her 6 years on H-visa runs out at end of January 2006 because her employer (same as mine) did not apply for her LC (like they did for me). They are already filing for her LC based on Perm processing on an expedited basis but with the recent retrogression of I-485 dates, it is unlikely that either of us will get our EAD's soon. I know that she either has to go out of the country for a year or work abroad for the year before she can return on an H1-B or EAD (whichever is sooner).
However, is there a possibility that she go on an F1 (student) Visa or stay in the U.S. on any other type of Visa at the end of January and still be eligible to work in the US after a year on an H1-B petition?
Click to expand...

H1 to f1 IS ONLY IMMEDIATE POSSIBILITY, Go for it without leaving the country. Try H4, it may work, previously it worked for several people.
 
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