Spouse running out of time on H Status

R

r_m_1972

New Member
Hi,

Our situation is that my wife's combined time on the H status (1.5 yrs on H4 and 4.5 yrs on H1) get's over in December 2004. Including time spend outside the country (visiting India etc) we might be able to get another 2-3 months.

She got laid off from her job about 8 months ago but hasn't changed her visa status from H-1 to anyting else (H4, F-1 etc).

I however still have about 3 years left on my H1 (was in school for 2 years on F-1). My current employer hasn't yet filed for a Green Card.

Would appreciate some good advice on what options we might have available so that she does not have to leave the country.

Thanks
 
JoeF,

Thank you for your response.

But could she not transfer to an F-1 status if she joins a university that sponsors international students?
 
Joe,

thanks for your quick reply. But if her previous employer has not cancelled her H-1, could she not claim to still be in status on her application to Adjust status from H-1 to F-1 ?

Sorry, I'm asking all these questions but I definitely don't want to break up the family.
 
If the old employer has not cancelled the H-1, and the I-94 has not expired, she will probably not be considered to be accumulating overstay for the purposes of the 3/10 bar. She almost certainly will not be able to change her status in the US since she is not properly maintaining her H-1B status. A change to F-1 may be a possibility but her ties to her home country may lead the consulate to believe that she has an intent to immigrate. Don't count on being able to reclaim the time spent out of the US, for 2 reasons:

1. your wife is not maintaining her status and therefore can't extend or change her status.

2. a couple months out of the US in 6 years will probably not be seen as a "meaningful interruption" of her stay.

Had you considered this problem months ago (or better yet, years ago) you would have more options available.
 
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