How is 6 year limit arrived at in case of 2 H1s.

[PradK]

Hi folks,

   I have been on H1 for just over 3 years now and my wife on H4 since about 2 years though she just a H1 sponsorship and started working. This in theory leaves 3 years for me and 4 years for her. I am planning change in job for a better opportunity and may have to start GC processing all over again (though its been just over 8 months since I filed for mine).

I am trying to understand the worst case scenario; if I do not get my GC in next 2.5 - 3 years (assuming that this could also be I485 + 6 months or some thing like that!); can I stay here on H4 for one more year on my wife\'s H1 or my 6 year limit is appliable for both of us?

   In other words, is 6 year limit on H visas (H1/H4) applied individually or which ever comes first?

Thanks,
-Prad

 

[gcneed]

Once you start your GC process, if you have applied labor more than 1 year or

If you 140 gets approved , you can apply for 7 the year extension if you wish, Moreover when you apply for 485 you can apply for EAD and work on that if you wish even if you have H1 left only thing if you work on EAD you will loose your H1 status and you will be called as Adjustment status.

 

[sjsjsj94538]

6 years total on any H status

So you will NOT be able to go on to an H4 status after your six year H1 expires. But with the new laws regarding 7th year extension you have ample time left on your H1 (you just need to get your labor done and I140 filed before your six year limit).