6 year limit on "H" visa
So bottom line is: Assume a person is married, person A is on H1, spouse B is on H4 (dependant):
1) person A has 6 yrs on H1
2) spouse B also has 6 yrs on H1 or H4 toal i.e. spouse B does NOT get a new 6 yrs by changing between H4 to H1 or vice versa
3) If person A qualifies for a 7th yr extension (LC pending 365 days etc), spouse B can also extend H4 for the same period (not H1)
4) Of course, if spouse B is on H1 and also has their own LC pending 365 days, they can independantly also apply for 7th yr extension.
5) Only exceptions are:
a) living outside the country for 1 yr "resets" the 6 year clock giving you another 6 years; or
b) Showing extended vacations etc to "recapture" the time e.g. prove that you were out of the country for 6 months total in the 6 years, and ask to "recapture" that time i.e. deduct it from your 6 yrs, giving you another 6 months. From what I understand "recapturing" is not trivial, and usually needs a good attorney with good valid proof of travel dates etc.
Hope this helps.
- Dru
So bottom line is: Assume a person is married, person A is on H1, spouse B is on H4 (dependant):
1) person A has 6 yrs on H1
2) spouse B also has 6 yrs on H1 or H4 toal i.e. spouse B does NOT get a new 6 yrs by changing between H4 to H1 or vice versa
3) If person A qualifies for a 7th yr extension (LC pending 365 days etc), spouse B can also extend H4 for the same period (not H1)
4) Of course, if spouse B is on H1 and also has their own LC pending 365 days, they can independantly also apply for 7th yr extension.
5) Only exceptions are:
a) living outside the country for 1 yr "resets" the 6 year clock giving you another 6 years; or
b) Showing extended vacations etc to "recapture" the time e.g. prove that you were out of the country for 6 months total in the 6 years, and ask to "recapture" that time i.e. deduct it from your 6 yrs, giving you another 6 months. From what I understand "recapturing" is not trivial, and usually needs a good attorney with good valid proof of travel dates etc.
Hope this helps.
- Dru