My spouse comes to the end of her 6 years of H1 in 2 months. I have a current H1 valid for 2 more years. I have a labor pending for 2 years, but since I still have 2 more years, I am not on 7th year extension. Can my spouse go on H4 based on my H1. I know that if I was on 7th year extension, this is possible. Does anyone know if an H4 for my spouse is possible in my case.
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H1 to H4 for spouse - not on 7th year yet
- Thread starter minimy
- Start date
v_krithika
New Member
Even I am having the same problem.
My H1 expires in nov 2006 and my husband is planning to apply for GC. if the
LC/I140 has crossed 365 days , is an H4 7th year extension possible for me (planning to move to H4 before that).
If you get to know anything do reply.
My H1 expires in nov 2006 and my husband is planning to apply for GC. if the
LC/I140 has crossed 365 days , is an H4 7th year extension possible for me (planning to move to H4 before that).
If you get to know anything do reply.
Thanks for your response - one more question
Hi,
Thanks for your quick response. Will the H4 approval be considered a violation and subjected to additional problems in the future? We have also been getting conflicting opinions from different individuals. We are so confused and at the same time trying to be very careful not to break the law.
Thank you again.
-M
Hi,
Thanks for your quick response. Will the H4 approval be considered a violation and subjected to additional problems in the future? We have also been getting conflicting opinions from different individuals. We are so confused and at the same time trying to be very careful not to break the law.
Thank you again.
-M
Mei2005:
Were you able to verify this issue? We did get the extension and eventually AOS. My spouse for whom the H4 was extended beyond 6 years is still not approved and I am wondering if the 7th year extension we got (not based on pending LC as my 6 years were not up, only my spouse's 6 years were over) has anything to do with her AOS not being adjudicated yet.
Were you able to verify this issue? We did get the extension and eventually AOS. My spouse for whom the H4 was extended beyond 6 years is still not approved and I am wondering if the 7th year extension we got (not based on pending LC as my 6 years were not up, only my spouse's 6 years were over) has anything to do with her AOS not being adjudicated yet.
Still do not have a clear answer
Hi,
I am still unable to verify the situation. I am currently out of the country after my 6th year on H1B. No one was able to provide a clear answer and so, I did not want to take any chances. I have written to the US embassy in my home country for clarification and about to seek 2nd opinion from another attorney. According to my husband's current attorney, H4 is dependant on the principal H1, as long as H1 valid, spouse should get the H4 even beyond six years. As soon as I get more info on this situation, I will let you know. The attorney from my last job said that the situation is not clear in the books. How can this be? This is law, if there is a gray area, one should be able to argue with the USCIS if a problem comes up.
-Mei2005
Hi,
I am still unable to verify the situation. I am currently out of the country after my 6th year on H1B. No one was able to provide a clear answer and so, I did not want to take any chances. I have written to the US embassy in my home country for clarification and about to seek 2nd opinion from another attorney. According to my husband's current attorney, H4 is dependant on the principal H1, as long as H1 valid, spouse should get the H4 even beyond six years. As soon as I get more info on this situation, I will let you know. The attorney from my last job said that the situation is not clear in the books. How can this be? This is law, if there is a gray area, one should be able to argue with the USCIS if a problem comes up.
-Mei2005
Mei2005,
Thanks. That is reassuring; since many a people have gotten approvals for h4 beyond 6 years, I would imagine that its allowed, though there seems to be no document supporting this. Visa dept confirmation is the best confirmation that I have heard of so far.
Thanks
Thanks. That is reassuring; since many a people have gotten approvals for h4 beyond 6 years, I would imagine that its allowed, though there seems to be no document supporting this. Visa dept confirmation is the best confirmation that I have heard of so far.
Thanks