Urgent: From F1 to H1B

[clavinovahan]

I am F1 visa student and never have been H visa before. My husband has H1B visa for around 4 years. Now my company sponsor my H1B visa but the attorney said I only can apply for 2 years of H1B as my husband already used 4 years of H1B.

I cannot believe it. Is my H1B period related to my husband H1B period?

I need your advice urgently. If you have any proof or link, that would be great for me as I can show it to that attorney, otherwise he even do not want to listen my explaination.

Thansk a lot of your help.
Iris

 

[amland01]

As long as you did not spend anytime in H-1B, H-4, or L status, then you would have a full 6 years of H eligibility.

See 8 CFR 214.2 (h)(13)(iii)(A)
(iii) H-1B limitation on admission.
(A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.