spouse seeking H-1 on 7th year extension

[sks_989]

Hi All,
I am on H-1 6th year running. My wife is on H-4 same 6th year running.
We have applied for 7th year extension (H-1 & H-4) and already received receipt date.
My wife has a sponsor and wants to apply for H-1 in April 2005, what are her chances of
getting an H-1? Will she get H-1 or not since we are on extension?
If yes how many years she will get..1 year or 3 years?

 

[max2k1]

Hi All,
I am on H-1 6th year running. My wife is on H-4 same 6th year running.
We have applied for 7th year extension (H-1 & H-4) and already received receipt date.
My wife has a sponsor and wants to apply for H-1 in April 2005, what are her chances of
getting an H-1? Will she get H-1 or not since we are on extension?
If yes how many years she will get..1 year or 3 years?

I don't think she can do that ... let me give you my opinion:

first the obvious, her H4 is dependent on your H1. Her getting 7th yr extension is again because you are getting a 7th yr on your H1.

Technically, when she gets her "own" H1, she's not on H4 anymore - since she can't be on H status for >6yrs unless she satisfies that GC pending criteria (labor >365 days or 140/485).
So she will never qualify for H1 as she's not eligible - need to be out of US for 1yr to reset the "clock".

An easier scenario that happens to most folks (which is same/similar to yours):
Both spouses work on H1 ... when one of the spouse gets their labor going and say its pending for >1yr. ... only that person can get a 7th yr extension ... the other spouse (on an independent H1) cannot benefit from this.
If they convert to H4, then they can stay for the 7th yr and beyond...

Makes sense ?