H1 to H4 transfer

N

nni123

Registered Users (C)
1. I am done with my H1 period of 6 years in 10/2004.

2. My spouse has valid H1 till 2007.

My question is

1. Will I get H4 visa based on my spouse H1?

Logically speaking INS should give me H4 visa because my spouse H1 is valid till 2007. Also at first place my spouse came on H4 on my H1 so they had accepted our marriage status, so reverse should work. But as we all know INS is symbol of stupid laws.

I have also heard that you can stay for 6 years on H visa category. But it works for H4 to H1 transfer but not other way as of I know.

Thanks for your input.
 
1. I am done with my H1 period of 6 years in 10/2004.

2. My spouse has valid H1 till 2007.

My question is

1. Will I get H4 visa based on my spouse H1?
you will get h4 based on your spouse h1 before & until 10/2004.
Logically speaking INS should give me H4 visa because my spouse H1 is valid till 2007. 6 year term is counted for H-visa classification and not individually for h1 and h4 separatelyAlso at first place my spouse came on H4 on my H1 so they had accepted our marriage status, so reverse should work. But as we all know INS is symbol of stupid laws.
based on your logic a couple should & can stay in usa in h-visa category for 12 years. if this is the case then a person will come in h1 and just before 6 year term he/she would marry and bring the spouse on h4 and then transfer the spouse h4 to h1 and you would transfer h1 to h4 and stay another 6 years totalling 12 years.
I have also heard that you can stay for 6 years on H visa category heard it correct but how did you arrive with your earlier concept. But it works for H4 to H1 transfer but not other way as of I know.
 
My spouse came with me when I finish my 3 years on H1 so INS can see that we are not playing game of transferring H1 to H4. It isn't easy to get H1 from H4 status.

So I have to leave this country given my spouse has valid H1 but I am done with my 6 years of term on H1.

At a time illegal will get jobs but people like us who has straight records get such a deal. But no regrets it's not my country....
 
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