Lc/H1/H4 - Very Peculiar Case

Q

qj123

Registered Users (C)
My H1 is expiring in Oct/03 and my wife's in Nov/04. We came to US at the same time but she was on B1 for the first year. As a result her 6 year term finishes a year after mine. We filed for the LC on Oct/01 (NJ) thru her company. So according to the 365 day law, she can extend her H1 after Nov 04 but what happens to my H1 in Oct/03 if the LC is not processed by then. As I know about it, my name does not go in to the GC process until I-140 stage. Questions:

1. Is it possible to extend my H1?
2. If not, can I go file for H4 and get my stay extended?

The INS is not very clear on the H4 cases or spouse' visa extension.

Any info would be appreciated.
 
qj

This may not sound pleasing but the combined total of (H1+H4) is equal to 6 years.

So you cannot be here on either status. The only way you could is if your wife has cleared the LC and applied for concurrent filing or if she has applied for a H1 extension. In that case you can derive your status from hers.
 
pv2002: Thanks for the info. I am aware of that limit. My lawyer kept telling and still odes that it will be possible to convert H1 to H4 and then extend it based on the 365 days into LC law.
 
Originally posted by qj123
My H1 is expiring in Oct/03 and my wife's in Nov/04. We came to US at the same time but she was on B1 for the first year. As a result her 6 year term finishes a year after mine. We filed for the LC on Oct/01 (NJ) thru her company. So according to the 365 day law, she can extend her H1 after Nov 04 but what happens to my H1 in Oct/03 if the LC is not processed by then. As I know about it, my name does not go in to the GC process until I-140 stage. Questions:

1. Is it possible to extend my H1?
2. If not, can I go file for H4 and get my stay extended?

The INS is not very clear on the H4 cases or spouse' visa extension.

Any info would be appreciated.
Click to expand...

1. You cannot extend your H1 because you do not have pending LC, your wife does. Your wife can extend H1.

2. If you change to H4 status, you cannot work but can then extend status beyond 6 years under H4 because you will be considered a derivative of H1 holder (your wife). You will need EAD to work again.

This is just my opinion.
 
I am ready for option 2 but I just want to make sure that it is possible for me to extend my stay even though my wife does not have to for another year.

Please advise.
 
You must log in or register to reply here.
Top