h4-h1 after 5 1/2 years completed in h4

[tanyaxyz]

Hello ,
My husband is on H1b and I am on H4. We got the extension till sep 2006. Now I want to apply for H1b.In this 6 years I was in India for 16months(3 trips:10+4+2).
1.Now i want to know if i apply for H1b do u think I can get it.
2.Even if i get it can I work after sep2005(original expiry date of my H4)
3.Suppose if I can apply for H1b can I go to India in May2005 after applying for H1 in april2005 and come back on H4 in july.
Thanks in advance,
Tanyaxyz.

 

[EricS]

Hello ,
My husband is on H1b and I am on H4. We got the extension till sep 2006. Now I want to apply for H1b.In this 6 years I was in India for 16months(3 trips:10+4+2).
1.Now i want to know if i apply for H1b do u think I can get it.
2.Even if i get it can I work after sep2005(original expiry date of my H4)

Yes, you can get H1. You will also be able to recalin your 16 months with the help of a good lawyer. If you want to continue working after your 6 year H status expire, you have to have your own GC pending >365 days. Otherwise you can go back to H4 and stay here after 6 yr if your Husband gets a 7th yr. ext.

3.Suppose if I can apply for H1b can I go to India in May2005 after applying for H1 in april2005 and come back on H4 in july.
Thanks in advance,
Tanyaxyz.

if you enter on H4 after H1 is approved, you loose your H1.

 

[tanyaxyz]

Hi,
Thanks for the reply. I wanted to confirm what u said that I can apply for H1b. Actually my 6 years will be completed in sep'2005. I got extension till next sep 2006.So if H1 gets approved can I work after this Sep 2005.
thanks,
Tanyaxyz

 

[EricS]

Hi,
Thanks for the reply. I wanted to confirm what u said that I can apply for H1b. Actually my 6 years will be completed in sep'2005. I got extension till next sep 2006.So if H1 gets approved can I work after this Sep 2005.
thanks,
Tanyaxyz

The extension you have right now is for H4 and not H1. You cannot work on H4. So you need to apply for H1.
When you apply for H1, you need to reclaim your 16 months spent outside US. That way you can work on H1 for next 20 - 22 months i.e. after Sept 2005.
If you do no reclaim 16 months, then USCIS should not grant you H1 beyond Sept 2005 as your H status (H4 + H1) 6 year expires at that time. Some times USCIS does make mistake and give H1 beyond the normal 6 years, but you should not depend on that.
Let me know if have more questions, I will try to help.

 

[tanyaxyz]

Hello,
Once again thanks for your reply. I have few more doubts.
1. Can I do both at the same time like applying for H1b and also recapturing vacation.
2. If I apply in April 2005 H1b will be valid only from Oct'2005 so can i go to India and come back in July on H4, as somebody told me that H1b stamping will start only 2 weeks before Oct 1st.
Thanks in advance,
Tanyaxyz

 

[EricS]

Hello,
Once again thanks for your reply. I have few more doubts.
1. Can I do both at the same time like applying for H1b and also recapturing vacation.

In my opinion, Yes, but be sure to check with your attorney.

2. If I apply in April 2005 H1b will be valid only from Oct'2005 so can i go to India and come back in July on H4, as somebody told me that H1b stamping will start only 2 weeks before Oct 1st.
Thanks in advance,
Tanyaxyz

If you enter on H4 before H1 approval, then once you get H1 approval, you will be on H1.
As always, this is to the best of my knowledge and I am not a immigration attorney etc. Make sure from your attorney also before taking a final decision.