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H4 Extension on spouse's pending LCA app
- Thread starter niptuck
- Start date
niptuck said:Hi,
My 6 yr time limit on H-visa will be expiring in Oct.
--- are you on H4 or H1??
My spouse is on H1 and has a LCA app (pending more than 365 days).
do you mean LC? ( LC is first step for Green Card)
LCA is that employer files with H1B filing or H1b extension filing with other forms to USCIS
If your spouse LC (Labor Certifiacton) is pending more than 365 days then your spouse can file H1 extension for 7th year and dependents CAN file for H4 extension
Can I extend my H4 visa based on this in Oct?
----- It seems you are not on H4 you are on H1 if that is true then file change of status with form I-539 BEFORE your I-94 gets expired from H1 to H4 Change of status to H4 based on spouse H1B status.
Thanks!
I am currently on H-4 (got approval in feb 2005). My wife is on H-1 with pending labor cert. Her 6 years will be up in March 2007. However my 6 years of total H-time will be up in Oct 2005.
I was wondering if I can extend my H-4 based on her pendng Labor (even though she wont be renewing her H-1 until March 2007?
Secondly,my H-4 approval was given till March 2007 (even though my total 6 years are done in Oct 2005. Did INS err?
I was wondering if I can extend my H-4 based on her pendng Labor (even though she wont be renewing her H-1 until March 2007?
Secondly,my H-4 approval was given till March 2007 (even though my total 6 years are done in Oct 2005. Did INS err?
niptuck said:I am currently on H-4 (got approval in feb 2005). My wife is on H-1 with pending labor cert. Her 6 years will be up in March 2007. However my 6 years of total H-time will be up in Oct 2005.
---- how your H4 time will be over in 2005??? and not your spouse??? it has to be same for both H1 and H4. when did you come to US first time? what was your first time entry to US visa status H4 or H1. need more details of your case and your spouse H1 holder case
I was wondering if I can extend my H-4 based on her pendng Labor (even though she wont be renewing her H-1 until March 2007?
Secondly,my H-4 approval was given till March 2007 (even though my total 6 years are done in Oct 2005. Did INS err?
1 Your spouse is on H1B and has H1 valid till 2007
2 you are ON H4 and your H4 is valid till March 2007
if the above 1,2 are correct then you can stay till 2007 or the validity of I-94
what confuses me is that H4 is saying his 6 year will be over in 2005 and H1 holder has H1 till 2007? did the H1 holder extended her H1 and and it was approved till 2007? when did the H1 holder first entred the US on H1?
--- why you did not post the info in first message so that others can understand your situation??? I think you may be doing the same with your lawyer providing incompleate info.niptuck said:Thanks for your patience. I was on H-1 till Jan 2005 after which I changed staus to H-4. I became an H-1 ~1.5 years before my wife came on her H-1. Hence my total H-time expires Oct 2005.
** if you have H4 till 2007 based on your spouse H1 and you have valid I-94 you can stay in US, your spouse has pending LC more than 365 days and she is eligible for 7th year h1 extension and you can also file H4 extention when she files her H1 extension, both H1 extension and H1 extension should be filled in same envelope so that both can be approved on same day.
next time any problem or info needed provide the full details
Thanks and apologies. Having a little difficulty speaking the legal language.
Since my wife's H-1 expires in March 2007, the earliest she can file for an H-1 extension is October 2006. So the real question is: what is my status between Oct 2005 - Oct 2006, since my total H-time expires in Oct 2005 (even though INS gave me an H-4 approval till March 2007)? Also my I-94 is valid till Oct 2005.
Thanks again.
Since my wife's H-1 expires in March 2007, the earliest she can file for an H-1 extension is October 2006. So the real question is: what is my status between Oct 2005 - Oct 2006, since my total H-time expires in Oct 2005 (even though INS gave me an H-4 approval till March 2007)? Also my I-94 is valid till Oct 2005.
Thanks again.
niptuck said:Thanks and apologies. Having a little difficulty speaking the legal language.
Since my wife's H-1 expires in March 2007, the earliest she can file for an H-1 extension is October 2006.
----- YES, 6 months advance of I-94 expiry or any day before her I-94 gets expired and with the evidence of LC pending more than 365 days
So the real question is: what is my status between Oct 2005 - Oct 2006, since my total H-time expires in Oct 2005 (even though INS gave me an H-4 approval till March 2007)? Also my I-94 is valid till Oct 2005.
**** from the day USCIS Changed to H4 status from H1 you are on H4 status look at H4 approval attached I-94
*** earlier you posted your H4 is valid till 2007, if you have I-94 till 2007 you are on H4 till 2007.
For more info contact your lawyer, that is my last post to you.
Thanks again.
Extension spouse H1-B Visa
I am waiting for my labor approval since July 2003. My six years H1-B expired in March 2006 and then I will apply for 7th year extension as my labor is pending for more than 1 year. My wife is on H1b from October 2004 and we both came US in March 2000. She is having H1b for only 8 months and before she was on h4. Her 6 years on H visas is completed in March 2006. My question is that since my labor is pending for more than 1 year now does she have eligibility of her h1b also extended for 7th year, as my wife.
Thanks in advance.
I am waiting for my labor approval since July 2003. My six years H1-B expired in March 2006 and then I will apply for 7th year extension as my labor is pending for more than 1 year. My wife is on H1b from October 2004 and we both came US in March 2000. She is having H1b for only 8 months and before she was on h4. Her 6 years on H visas is completed in March 2006. My question is that since my labor is pending for more than 1 year now does she have eligibility of her h1b also extended for 7th year, as my wife.
Thanks in advance.
Last edited by a moderator:
Ginnu, please help!
Ginnu (or anybody who can help me),
I am new on this site and even though I first tried searching in FAQ could not find the answer to my query. Maybe you can help...
It is a simple one (I know they are the most difficult to find answers of)
My H-1B expired March 2005. I have concurrent I-485 approval due anytime, as the FP are done; therefore my laziness in applying for a renewal on the H1B visa. But reading the horror stories of the time a name check can take with the FBI...I THOUGHT BEST TO RENEW MY H1B!
As you can see it's now May 2005; so I am almost two months over the expired date of my last H1 work visa. What is the grace period allowed for filing a renewal?
When I put the expiry date on my H1B renewal form I-129, do you think that may be a problem???
PLEASE ADVISE!!! Help...
Ginnu (or anybody who can help me),
I am new on this site and even though I first tried searching in FAQ could not find the answer to my query. Maybe you can help...
It is a simple one (I know they are the most difficult to find answers of)
My H-1B expired March 2005. I have concurrent I-485 approval due anytime, as the FP are done; therefore my laziness in applying for a renewal on the H1B visa. But reading the horror stories of the time a name check can take with the FBI...I THOUGHT BEST TO RENEW MY H1B!
As you can see it's now May 2005; so I am almost two months over the expired date of my last H1 work visa. What is the grace period allowed for filing a renewal?
When I put the expiry date on my H1B renewal form I-129, do you think that may be a problem???
PLEASE ADVISE!!! Help...