H1 to H4 ? Jim expert please advice...

[geniushiv]

Currently me and my wife both are holding H1. And our H1s are expiring (6 years) in December 2004. We are planning to do following so that either of us can stay here at any moment of time :

1) I am planning to resign from my employer in January 2003 and go back to my country. Once I do that, can I come back to US in January 2004 (after 1 year abroad) on H4 as a dependent on my wife\'s H1 visa ?

2) If the 1st question\'s answer is yes, then is it possible for me to apply and get H1 visa here, after coming to US ?

3) If I can get my H1 here (i assume here that 6 years clock starts again), then my wife is planning to resign and go back to India (for 1 year abroad), and then can she come back on H4 as a dependent on the basis of my H1 visa ?

4) After coming here can she apply and get H1 visa here ?

If the above is not possible, then is there any other solution ?

Any reply will be highly appreciated.

 

[irwinpat]

No Title

Yes to all, but the big assumption made is that the H1 guest worker program is not scrapped till then or the rules don\'t change. A better way would be to get your GC and you wont have to do all this shuffling.

 

[Jim Mills]

I agree, your suggestion/plan/scheme seems as if it will work

I really don\'t see any problem with it except it will mean that you are separated from you wife for 2 years. That\'s a long separation (many US couples don\'t even stay married that long). If you start a GC now, all that will be necessary is an approved LC, a pending I-140, and a priority date more than 365 days old and you both will be able to stay.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702