Need info regarding H1 To H4

S

sreddy85

Registered Users (C)
Hi,

My H1-B 6 Years limit is expiring in May 2004 and i already applied for 7 th Year Extension. My wife is a Pharmacist and she is on H1-B. My question is while i am on 7 th Year Extension if i get force adjust can i change my status from H1 to H4 ( dependent to my wife )

Any info on this regard is appreciated

Thank You
 
Originally posted by sreddy85
Hi,

My H1-B 6 Years limit is expiring in May 2004 and i already applied for 7 th Year Extension. My wife is a Pharmacist and she is on H1-B. My question is while i am on 7 th Year Extension if i get force adjust can i change my status from H1 to H4 ( dependent to my wife )

Any info on this regard is appreciated

Thank You
Click to expand...


You can extend beyond 6th year of H1 based on your pending LC or I-140.. Once you switch over to H4, you can extend H4 beyond 6 years only if your wife also is extending her H1 beyond 6 years based on her pending LC or I-140. If she is not eligible to get H1 beyond 6 years you can't.
 
If your Labor is pending more then year you can. Six year limit is for H type visa including H4

If your wife was on H4 before converting to H1 Even that time also counted for for her six years limit.
When did your wife came to this country with what type of visa?
 
Last edited by a moderator:
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If your wife has her own LC pending for more than 365 days, you can potentially convert to H4 (extending the same logic as in the case of both of you reach 6 years on H class at the same time and one of you have LC pending more than 365 days) beyond your 6 years of H1. Now instances such as these are rare and apparently there are no proper regulations. But she doesn't have an LC pending, I don't think you can stay here on H4, since you would be beyond 6 years on H class unless you have your own eligibility either through a pending LC or 140 for more than 365 days.

And, another important aspect is once you move to H4, you can not convert back to H1 (even when your have LC/140 pending and 365 days have passed some time after you converted to H4) since what you 've beyond 6years is "H1 extension", and you need to be on H1, to extend the status. So, in the end you have to wait for an EAD through one of your applications.

We are potentially looking at a similar possibility (worst case scenario) in next 10 months, and I consulted an attorney to clarify the above.

BTW, where are you located?

-Pradeep
 
So according to ur knowledge we can convert to H4 after finishing 6 Years limit based on his/her labor pending more than 365 days.
How about if you get laid off while you are on 7 th year extension.

Is there any specific written law that you cannot convert to H4 after finishing 6 years limit based on his/her labor not pending more than 365 days
 
Limit for any person on H type visa (Which includes both H1 and H4) is six years.

Exceptions to this were introduced by AC-21 and some recent amendments. Unless you or your wife has a pending labor for more then year you cannot get seventh year.
 
I have pending LCA more than 365 days with company X and applied for 7 th year extension. Can i apply for 7 th year extension with company Y based on Company X LCA ( 6 year's H1-B limit is expiring on may 10 )


Any info on this regard is appreciated

Thank You
 
It doesn't matter, it should be possible to extend with any Co., (Y in this case) as long as you have a pending LC or 140 for more than a year!

Originally posted by sreddy85
I have pending LCA more than 365 days with company X and applied for 7 th year extension. Can i apply for 7 th year extension with company Y based on Company X LCA ( 6 year's H1-B limit is expiring on may 10 )


Any info on this regard is appreciated

Thank You
Click to expand...
 
Thanks for the information

I have one more question. Can we apply for 7th year extension from both X and Y company's at the same time
 
can i file the 7 th year extension from two company's X and Y based on the labor pending more than 365 days from company X

What labor info we need from company X (originally labor filed ) inorder to file for 7 th year extension from company Y?
 
Originally posted by sreddy85
can i file the 7 th year extension from two company's X and Y based on the labor pending more than 365 days from company X

What labor info we need from company X (originally labor filed ) inorder to file for 7 th year extension from company Y?
Click to expand...
Yes.
 
You can apply for only one full time extension. If you are working for two companies, then only one (and at least one) should be full time employment - that is H1 rule. Also if you are working for both companies, then you need to file extension for both companies.

001
Originally posted by sreddy85
Thanks for the information

I have one more question. Can we apply for 7th year extension from both X and Y company's at the same time
Click to expand...
 
For now i am working for only one company X and i don't know how long i can survive with this economy. If i loose job while i am on 7 th Year extension atleast i will have another choice to go to comapany Y
 
You can transfer your H1 when you decide to join Y - as long as LC with X is still kept pending. However if X goes down - and LC is withdrawn/denied, your basis for 7th year extension is lost regardless of when you join Y - and you will be required to leave USA (or, if possible, change to F1 or some other category).

001
Originally posted by sreddy85
For now i am working for only one company X and i don't know how long i can survive with this economy. If i loose job while i am on 7 th Year extension atleast i will have another choice to go to comapany Y
Click to expand...
 
Thanks for the Reply.

I don't want to join Company Y Right Now. In case if i loose job with Company X while i am on 7 th Year Extension than only i want to work for Company Y
 
Thanks for the Reply.

I don't want to join Company Y Right Now. In case if i loose job with Company X while i am on 7 th Year Extension than only i want to work for Company Y

Any information for the matter above
 
You will be able to transfer in during your 7th year - as long as LC is still pending and is not withdrawn.

001
Originally posted by sreddy85
Thanks for the Reply.

I don't want to join Company Y Right Now. In case if i loose job with Company X while i am on 7 th Year Extension than only i want to work for Company Y

Any information for the matter above
Click to expand...
 
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