H4B to H1B after 6 years ... interesting case

[prashant_jain]

Hello all,
I am currently working for a US company and my (H1B) and my families (H4B) visa expires on Setp-30-2004. My company has already filed for all our extensions (my labor is pending for the last 2 yrs). No problem on this front.

Problem:
My wife just got a job with a school (as a school teacher). The school is willing to sponsor her H1B visa. Will the INS approve the H1B? The reason I ask this question is because I am under the assumption that a H (both H4 and H1 included) visa is valid only for 6 yrs (unless extended).

Can somebody throw more light on this.

 

[ginnu]

Hello all,
I am currently working for a US company and my (H1B) and my families (H4B) visa expires on Setp-30-2004. My company has already filed for all our extensions (my labor is pending for the last 2 yrs). No problem on this front.

Problem:
My wife just got a job with a school (as a school teacher). The school is willing to sponsor her H1B visa. Will the INS approve the H1B?
----yes if the 6 years are not hit by the principal applicant
The reason I ask this question is because I am under the assumption that a H (both H4 and H1 included) visa is valid only for 6 yrs (unless extended).
----- you are correct
Can somebody throw more light on this.