H4 to H1 beyond six years!! Urgent...

P

pradave

Registered Users (C)
Hi,

The scenario is I have a valid H1 and 6 year validity expires in 1 year. I'm applying for my GC and I'm very sceptical of filing it before one year prior rule of the expiry of H1 inorder to extend my H1 beyond 6 years. My wife is a Dr. and hopefully she should be doing her residency here in US after her USMLE exams. My questions are

1. Can she stay in U.S.A. if she gets H1 for her residency even before the expiry of my H1 (6 yrs) and continue to work after the expiry of my H1 (6 yrs)?

2. If she gets a H1 before the expiry of my H1 (6 yrs), do i have any chance to stay in U.S.A.?

Any information will be appreciated.

Regards,

pradave
 
YES to both of your questions.

If an employer sponsors her for H1 before your H1 expires
(assuming she is on H4 now), she should be fine. And then you could be transferred to H4 after she gets it, but before your H1 expires... However you will NOT be able to work under H4 visa whilst she will be...


Hope I answered your queries...
 
Last edited by a moderator:
Maybe I misunderstand but you cannot change to H-4 and stay beyond six years. All time in H status (whether H-1 or H-4) counts toward the six year limit. Time in L status also counts but that is beyond the scope of the question.
 
Jim is the expert..I always thought it's H1 not just "H" status..

Please follow Jim's instructions for a better clarification....

Thanks Jim!
 
Thanks! Jim...

So, she can work if she gets H1 and continue to stay in US, and I will not be allowed to stay beyond the 6 yr limit right ?

Really appreciate ur response.

Regards,

Pradave
 
Originally posted by pradave
Thanks! Jim...

So, she can work if she gets H1 and continue to stay in US, and I will not be allowed to stay beyond the 6 yr limit right ?

Really appreciate ur response.

Regards,

Pradave
Click to expand...

Yes! you cannot stay. The only way you can stay is to convert your visa toi F-1. You can stay and extend your H-1B for 7th year if you apply for your LC and it's been pending for over a year, or if you apply for your I-140/I-485 and these applications are pending. You could also apply for your EAD along with your
I-140/I-485 and continue to work and stay beyond your 6th year.
 
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