H1 to H4 -- status extension

G

GOD_BLESS_YOU

Registered Users (C)
I have a Friends situation here..
Both Husband and Wife are on H1.
Husband's H1- 6yr period is expiring in March2004 where as Wife's 6yr period on Dec2004.
So Husband wants to Change to H4 in March can he change status and stay on h4 beyond 6 years based on wife's H1?
 
Not possible

I don't think so. The 6-year period is for the H visa category. It does not matter whether you are in H1 or H4. If you have spent your all 6 years in H1 itself, then you cannot convert to any other H visa including H4.

To reset the H visa 6-year clock, you have to stay out of US for 1 year and then come back or you must have LC pending for 1 year to apply for 7th-year extension.

Again, this is just my opinion. Please check with a good attorney.

Udai
 
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