H4 to H1 at the end of 6 yeard term

T

trinitychecker

Registered Users (C)
Hi,
I need advice and my issue is as follows.
My H1 and my wifes H4 is expiring in Jan 2005(6 Years) and we applied for Labor Certification in Apr 2003 and i think we are eligible for the 7th year extension as per law. My wife wants to convert to H1 and i think she will be eligible under next year quota starting on Oct 1st. I need your advice on how we can go about this situation.
Please correct me if i am wrong,
Even if we apply for her H1, i think she can only get a valid H1 till Jan 2005( thats 3 months which is not a good idea).
When are we eligible to apply for 7th year extension?
Is my wife eligible to convert to H1 on her 7th year as H4? If yes, then
Should we apply for 7th year extension(both my H1 and my wifes H4) in premium processing(thats $2000 more) and then apply for my wifes H4 to H1 conversion?
Can we apply for H4 to H1 conversion in premium processing or is premimum processing only when you extend(in the same visa category)?
 
trinitychecker said:
Hi,
I need advice and my issue is as follows.
My H1 and my wifes H4 is expiring in Jan 2005(6 Years) and we applied for Labor Certification in Apr 2003 and i think we are eligible for the 7th year extension as per law. My wife wants to convert to H1 and i think she will be eligible under next year quota starting on Oct 1st. I need your advice on how we can go about this situation.
Please correct me if i am wrong,
Even if we apply for her H1, i think she can only get a valid H1 till Jan 2005( thats 3 months which is not a good idea).
When are we eligible to apply for 7th year extension?
Is my wife eligible to convert to H1 on her 7th year as H4? If yes, then
Should we apply for 7th year extension(both my H1 and my wifes H4) in premium processing(thats $2000 more) and then apply for my wifes H4 to H1 conversion?
Can we apply for H4 to H1 conversion in premium processing or is premimum processing only when you extend(in the same visa category)?
Click to expand...

Who applied for LC - you or your wife?
 
trinitychecker said:
Any advice or info on this is highly appreciated? I really need some advice

Thanks
Click to expand...

Can you be clear. I for sure cannot understand what exactly you are trying to do.

On the other hand, your spouse cannot get an H1 on the 7th year. If you are applying for 485, apply for EAD and she will be able to work.
 
Thanks alren for the reply.

Can my wife, who is on H-4 now and is nearing her 6 year term, apply for H1 after she gets her 7th year extension on H4?

Her 6 years on H4 expires in Dec and if she applies her H1 now, i suppose she can only get her H1 till Dec. Please let me know if i am still not clear.
 
trinitychecker said:
Thanks alren for the reply.

Can my wife, who is on H-4 now and is nearing her 6 year term, apply for H1 after she gets her 7th year extension on H4?

Her 6 years on H4 expires in Dec and if she applies her H1 now, i suppose she can only get her H1 till Dec. Please let me know if i am still not clear.
Click to expand...
No. Since it is you who has the LC filied 365+ days, you qualify for H1 not your spouse. She will be a dependant on the 7th year.
 
trinitychecker said:
Thanks a lot for the information.
Click to expand...

Sorry, I just realized one thing. If your spouse was not on H status for all the 6yrs., e.g., you got married in the 3rd year of H1, the she would be in H status for only 4 yrs., so she would be eliglble for 2+ yrs.
 
trinitychecker said:
Thanks alren. She came along with me and would be completing 6 year term along with me.
Click to expand...
Oh! OK, then what I claimed initially should hold true.
 
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