Hi all,
I have a question on getting an H-1B extension for the spouse of the I-140 applicat.
Here is the story.
My wife has been working for an university since 2001. She has been an H-1B holder for 5 years. After trying to get the Green card for four years, the university finally approved her case and is applying Green card for her this year. I was under H-4 status from 2001 to 2003 and then I was hired by the same university in 2003. (I changed my status from H-4 to H-1B) My H-1B will be expired by Oct, 2006 and I need to get an H-1B extension. Since I have been in H visa for 5 years (2 years in H-4 and 3 years in H-1B), I can only get one year (until Oct 2007) on my next H-1B extension.
My wife filed the Labor Certification application about 3 months ago. We are planning to file the I-140 and I-485 concurrently once the Labor Certification is approved. If the math is right, she should be able to get the I-140 filed by this summer. And she can get a year-by-year H1B extension until she gets the green card.
My question is if my H-1B extension (by Oct 2007) is expired, may I get a year-by-year H-1B extension based on I am the spouse of the I-140 applicant? I have asked the university the same question and they told me that once my H-1B extension is expired, I will have to leave this country for at least a year and then I can apply for another H-1B visa again. It means I won't be able to change my status to H-4 because I have used up all 6 years of my H visa. Is it really the case here? Is there any other option other than leaving the US for a year? Please advise!
Thanks for any input
Simon
I have a question on getting an H-1B extension for the spouse of the I-140 applicat.
Here is the story.
My wife has been working for an university since 2001. She has been an H-1B holder for 5 years. After trying to get the Green card for four years, the university finally approved her case and is applying Green card for her this year. I was under H-4 status from 2001 to 2003 and then I was hired by the same university in 2003. (I changed my status from H-4 to H-1B) My H-1B will be expired by Oct, 2006 and I need to get an H-1B extension. Since I have been in H visa for 5 years (2 years in H-4 and 3 years in H-1B), I can only get one year (until Oct 2007) on my next H-1B extension.
My wife filed the Labor Certification application about 3 months ago. We are planning to file the I-140 and I-485 concurrently once the Labor Certification is approved. If the math is right, she should be able to get the I-140 filed by this summer. And she can get a year-by-year H1B extension until she gets the green card.
My question is if my H-1B extension (by Oct 2007) is expired, may I get a year-by-year H-1B extension based on I am the spouse of the I-140 applicant? I have asked the university the same question and they told me that once my H-1B extension is expired, I will have to leave this country for at least a year and then I can apply for another H-1B visa again. It means I won't be able to change my status to H-4 because I have used up all 6 years of my H visa. Is it really the case here? Is there any other option other than leaving the US for a year? Please advise!
Thanks for any input
Simon