Philadelphia Regional DOL Tracker

Yes, you should be able to get an H4 (even after completion of 6 yrs on H1) based on the valid H1 status of your spouse.

My wife and myself completed 6 yrs on individual H1's. Since my labor is in process, i got a 7th yr extension, by virtue of which she got her H4.

Edited this post....

Friend Dru, prashratta could get his H4.

Prashratta, for more info.... http://www.immihelp.com/visas/h1b/beyond6.html

I believe you may have to apply for the H4 status before the expiry of your H1 to avoid being out of status. Better check up the URL provided above and related links, if any.

Ciao....

prashratta said:
I spoke to my attorney five minutes back, and she mentioned that since I have completed my six years on H1 and am about to apply for my 7th year extension, when BPC clears my case, I wouldn't have the option of going in for CP, as the extension rule only applies when you file adjust of status i.e. 485? Any one validate/invalidate this?

Also quick question, in the event taht I am laid off, and my six years of H1 are complete, can I get on an H4 as my wife will hopefully have an H1 by then?

Response greatly appreciated.
Thanks
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Last edited by a moderator:
No. They count both H1 and H4period as whole H period.

Unless, her permanent pabor is pending now and she has valid H1 now, she can't optain new H1 for 6years and you can't have H4.
She already used her entire H years(6years).
My spouse was h4 for 1 year and switched to H1 for 5years, they count it as 6years of H status and can't have one more H1 year unless current labor is pending.
 
Imp:Transit Visa

Guys sorry for posting this info over here, but its very imp and its good to know and inform to your friends.
If you are travelling to india via any country like UK or Singapore or Japan (check for other countries) and your current visa is expired on your passport and you should take a transit visa before travelling to india. So many of my friends has been deported back to usa and had lot of problems.
So please be aware of this.

alright back to PBRC sorry for deviating your minds.
 
Please refer to my previous post and the url in that. Just to clarify.....

A Spouse (say, wife) CANNOT have H1 if the total time on any H-visa (H1 and/or H4) exceeds 6 years and her permanent labor is pending for LESS than 365 days (or may not have been filed at all). However, the wife CAN HAVE H-4 (please note ..only H4, not H1) visa beyond 6 years based on the fact that the hubby is eligible for H-1 beyond 6 years.

jjcchoi said:
Unless, her permanent pabor is pending now and she has valid H1 now, she can't optain new H1 for 6years and you can't have H4.
She already used her entire H years(6years).
My spouse was h4 for 1 year and switched to H1 for 5years, they count it as 6years of H status and can't have one more H1 year unless current labor is pending.
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need clarification

hey all,

ok, i understand that with all this EB3 mess most of us are in trouble. murthy says the following:

"starting July 1, 2005 and continuing until more visa numbers become available, it will not be possible for persons in EB-3 (other than Schedule A) to file I-485 Applications....no matter one's country of origin or priority date"

what i don't understand is how this affects getting EAD. is EAD based on I-140 or I-485? even if we can't apply for I-485, can we still get EAD for us and our spouses?

i hope it's yes. at least then it would be easier to wait for GC.

thanks in advance!
 
foret1 said:
what i don't understand is how this affects getting EAD. is EAD based on I-140 or I-485? even if we can't apply for I-485, can we still get EAD for us and our spouses?

EAD is based on I-485 not I-140. So if you cannot file I-485 due to retrogression / unavalibility then you cannot apply for EAD also


!
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H1/H4 beyond 6

Thanks to all for responses... Just to clarify my situations, I have been on H1 for alsmost six, but I got married last year, and so my wife has been on H4 for a lil over a year. And so now when she goes onto H1 she will still have close to 4 years available. So then based on your responses, it sounds like I can go on an H4 (alhtough I would hate that) and stay beyond 6 years??

Prash


A Spouse (say, wife) CANNOT have H1 if the total time on any H-visa (H1 and/or H4) exceeds 6 years and her permanent labor is pending for LESS than 365 days (or may not have been filed at all). However, the wife CAN HAVE H-4 (please note ..only H4, not H1) visa beyond 6 years based on the fact that the hubby is eligible for H-1 beyond 6 years.[/QUOTE]
 
I have two questions

How do you know that you are EB2 or EB3?
We are trying to contact with our lawyer but he's on the vacation now and can't get the answer right away. and those EB3 retrogression news makes us really frustrating.

Our PD is 2001 Nov. MD and we were in this mess for 4 years already. -_-
At the time that we applied for the LC, finished 3 years post doc program with Ph.D degree and switched over private environmental consulting company. And I believe that job required minimum Master degree. ( I don't know about the length of experience requirement.) What do you think? Are we EB2 or unless you specifically request on that application, we can be in the EB3 category?

Another question is, with a miracle, if our LC is cleared before July 1, or We are EB2, Can we still file I140 and 485 and travel outside of this country with our valid H1 visa without getting travel permit?

Thanks for your kind advice in advance and we can get quite a lot of useful information from here.
 
Yes. Subject to the following criteria (as far as i know)...

1. She gets her H1 before the expiry of your H1, and
2. You file for your H4 before the expirty of your H1 (which implies she should have her H1 by then)

Hope this helps....

prashratta said:
Thanks to all for responses... Just to clarify my situations, I have been on H1 for alsmost six, but I got married last year, and so my wife has been on H4 for a lil over a year. And so now when she goes onto H1 she will still have close to 4 years available. So then based on your responses, it sounds like I can go on an H4 (alhtough I would hate that) and stay beyond 6 years??

Prash


A Spouse (say, wife) CANNOT have H1 if the total time on any H-visa (H1 and/or H4) exceeds 6 years and her permanent labor is pending for LESS than 365 days (or may not have been filed at all). However, the wife CAN HAVE H-4 (please note ..only H4, not H1) visa beyond 6 years based on the fact that the hubby is eligible for H-1 beyond 6 years.
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[/QUOTE]
 
krik said:
Yes. Subject to the following criteria (as far as i know)...

1. She gets her H1 before the expiry of your H1, and
2. You file for your H4 before the expirty of your H1 (which implies she should have her H1 by then)

Hope this helps....
Click to expand...
If anyone husband/wife has a valid H1 -the spouse (husband/wife) can get H4 based on that H1 irrespective of how long the spouse have been in this country.
 
Please help!!

guys need help urgently... i am almost at the end of 6th year on my h1, and my 7th year ext is filed. THere are situations in my group (architecture) due to which I might have to move groups. Based on this i might have to change my title from architect to lets say developer. would that cause my Labor to be refiled, and so i'd lose my 7th year extension? Please help!!
 
Eb2/eb3...

jjcchoi said:
How do you know that you are EB2 or EB3?
We are trying to contact with our lawyer but he's on the vacation now and can't get the answer right away. and those EB3 retrogression news makes us really frustrating.

Our PD is 2001 Nov. MD and we were in this mess for 4 years already. -_-
At the time that we applied for the LC, finished 3 years post doc program with Ph.D degree and switched over private environmental consulting company. And I believe that job required minimum Master degree. ( I don't know about the length of experience requirement.) What do you think? Are we EB2 or unless you specifically request on that application, we can be in the EB3 category?

Another question is, with a miracle, if our LC is cleared before July 1, or We are EB2, Can we still file I140 and 485 and travel outside of this country with our valid H1 visa without getting travel permit?

Thanks for your kind advice in advance and we can get quite a lot of useful information from here.
Click to expand...

Sorry for disrupting the flow, but I thought I would get a quick answer for this since a lot of gurus and veterans come here.

I have a similar question:

When I originally filed my LC (3 years ago), my lawyer told me I would be EB3. The reason he gave is that the salary I made didn't justify me to be eb2.

But when we put out the ad, the ad said master's degree requirement and on the labor form line14, it had MS + 0 year. Also, in the past 3 years my salary have increased quite a bit. I'm pretty sure whatever the "EB2" salary my lawyer talked about (although from chatting with my friends, in the traditional Labor process salary doesn't seem to play a role in deciding eb2 or eb3?)

My question is: Can I file EB2 instead of EB3 when I file I140 after I get LC approval? At what stage is this determined on paper? LC or I140?

I would appriciate any input on this!
 
jjcchoi said:
How do you know that you are EB2 or EB3?

If your Job Requires Masters/PHD + some exp OR Bachelors + 5 years of progressive exp, it qualifies for EB-2


Another question is, with a miracle, if our LC is cleared before July 1, or We are EB2, Can we still file I140 and 485 and travel outside of this country with our valid H1 visa without getting travel permit?

Yes, If your are EB-2 (or EB-3 & get LC before June-29th) you will be able to file I-140/485 concurrently.. You can always travel in & out the country as long as your H1 is valid. AP is required if you run out of H1 OR your GC gets approved when you are out of the country.

.
Click to expand...
 
Do you mean for EB3, if LC is approved after 6/29/05, then

you can't file 485/140 concurrently?????

 
what is consular processing ? thanks

prashratta said:
I spoke to my attorney five minutes back, and she mentioned that since I have completed my six years on H1 and am about to apply for my 7th year extension, when BPC clears my case, I wouldn't have the option of going in for CP, as the extension rule only applies when you file adjust of status i.e. 485? Any one validate/invalidate this?

Also quick question, in the event taht I am laid off, and my six years of H1 are complete, can I get on an H4 as my wife will hopefully have an H1 by then?

Response greatly appreciated.
Thanks
Click to expand...
 
what are my options??

here is my situation:-
H1 6 years expiring in August,2005
Present Company has applied for extension.
Present Company not in good shape and might shut shop-not sure.
Want to change to new Employer.Currently on consulting project at client side.

But Labor filed(from present Company) and resting in peace in Philly BEC.

If I switch,say the new Company will apply in PERM,
but not sure if I will get 8th year extension as 365 days will not be complete since I applied for Labor thro' new Company.

Is it safe to switch employer under current circumstances and apply under PERM??On the other hand,if I dont,what if current employer shuts shop one day??
 
Question

My spouse is on H1. At any stage in GC process do we need to produce any documents of my spouse related to her status (H1B) like paystud, W2.

thanx
 
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