How long can I extend my H1B after 6 years???

N

NYvs

Registered Users (C)
Hello,

My husband already extend his H1B twice(each time for 3 years) and it expires in 12/2006, he's in EB3, 140 passed and waiting for I-485(looks like we have to wait at lease 2 or 3 more years). So he need extend his H1B. Before we heard he can only extend 1 year each time, but recently we heard he can extend 3 years if it's AOS.
Is this true?? Please tell us if you have this kind of exprience.

Also, I 'm in H1B, too, but since he's primary applicant, can I just quit my job staying at home without switch to H4?

Thank you very much!!!
 
NYvs said:
Before we heard he can only extend 1 year each time, but recently we heard he can extend 3 years if it's AOS.
Is this true??
Click to expand...
He can extend 3 yeaes, if his PD is retrogressed and I140 is approved.
Also, I 'm in H1B, too, but since he's primary applicant, can I just quit my job staying at home without switch to H4?
Click to expand...

if you did not get paid with h1 status, it is considered status violation. you need to switch to H4 to stay at home.
 
H1B Extension

Because of AOS (140 is also approved), your husband may get 3 years extenion (you need to mentioned it in H1b form). One of my friend got H1b extended with 3 +3 +1 (during this time he applied for AOS) and next time when he applied he got H1B extended by 3 years.

My case is also similar 3 +3 +1 (during last year applied for AOS + 140 got approved), I applied for 3 year extension but got only 1 year approved! My attorney has sent letter to BCIS asking why they approved only one year when 3 years was applied.


If you decide to switch to H4B in that case your husband needs to file H4B extension too. If I am correct your H4 + H1 time is counted as one while calculating H1B extensions.

My spouse was on H4 (1 Year) then on H1 (3years) next time her extenion will be only for 2 year... but we hope to get GC before that. Since she has her own H1, I did not apply for her H4 extension during my H1 extension. but if she decides to switch to H4 again in that case I need to file her extension again for H4.
 
Thank you!

Thank you, he will try to extend for 3 years then.

About me, I know if I want to continue to work, I can either extend\Transfer H1 or get EAD

1)If I use EAD, can I do a totally diferent job?

2)Also I heard if I'm under AOS and don't want to work, I can just quit and don't need to transfer to H4 or EAD, is this true?

Please help on my 2 questions! :confused:


Thank you!
 
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