H4 to H1 after 6 Year

[sonaliak]

My spouse has completed 6 years on H4, My labor is still pending so working on EAD is out of question for some time(God know when this time will come )

My question is can I apply for H1 for my spouse as she has completed 6 years on H4.

 

[GotPR?]

If she has completed 6 years with H4, she is not eligible to H1.

 

[sonaliak]

Thx GotRP for response.

can you pl point to me any official INS lnk/document.

 

[GotPR?]

Page 8 Question2.
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

it says if one is not H1 status when LC/immigration petition runs 365 days, H1 extension beyond 6 year won't be granted. I'm sure it's applicable to COS from H4 to H1.

 

[sonaliak]

GotPR thx for link.

still it is not specifically mention about H4 but I guess it will not work out