H1 to H4 now 6yrs expire - Very Complicated and Tricky situation.

R

reddyb

New Member
Hello,

Me and my Wife are in a tricky situation with our Visa status.Below are the details

wife: Came to USA on H1 ( Dec 1998)
Me :Came to USA on H1 (Aug 1999)

Now since Dec 2001 my wife is on H4 visa. Now her 6 years on H visa expire in Dec 2004. She has to wait till FEB 2005 for 7th year Extn based on my Labor cert pedning for more than 365 days. So will she be illegal if she continues to stay in US till FEB. If she goes back to INDIA does she have to wait for another one year to come back on H4or H1 again? Please can any one help on how to solve this issue.

Thanks,
Reddy
 
Apply H4

Take a chance. Try to renew H4 before Dec 2004. By the time it get processed (usually 4 - 6 months for CSC), your 365 days pending LC will be alright and she will not loose any status.
 
wife: Came to USA on H1 ( Dec 1998) ---
-->Renew H4 ASAP till your H1-b expiry dt Aug2005.

Me :Came to USA on H1 (Aug 1999)

--> Apply 7th ext H1-B and H4- (attach H4 receipt filed above) in FEB 2005..

That's all...
 
great guru said:
Take a chance. Try to renew H4 before Dec 2004. By the time it get processed (usually 4 - 6 months for CSC), your 365 days pending LC will be alright and she will not loose any status.
Click to expand...

It is very clear that this will NOT work. If you are not eligible for a benefit (the 7th year extension in this case) at the time of filing, USCIS will deny the case. USCIS has addressed this matter specifically several times. USCIS would be making an incredible mistake to approve the case.

How about vacation time? Can she file to reclaim time when she was physically out of the US? Are you sure that you are calculating the 6 years correctly, it starts when she entered the US in H status, not when the petition was approved or when the visa was stamped? Speak to an immigration attorney for specific advice but the previous advice is a waste of your time and money.
 
Thanks Mr. Jim I have calculated the 6 yr term from the day she is in US. So no mistake here and currently I am trying to recapture the time she was not in US.

Thanks for your advise.
 
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