URGENT--Please let me know the answer for this question

T

tirugui

Registered Users (C)
Gurus,


I am going to complete my H1 6 years status with in couple of days Can I able to stay in USA as

1. My Husband has new H1 , can I become H4 and stay as dependent in USA?


2. My new born baby is citizen, Can I become guardian to her and stay in USA ?

Please let me know the possibilities of staying in USA in my case.

Thanks,
SR
 
Answer for Q1: yes, you can stay here legally if you switch to H-4.

Has your company apply 140 & 485 for you? If you have already applied, you can get H-1 extention even if you are exceeding 6 years.

Q2: don't know, don't have that kind of experience.
 
Q2: You can't stay as a guardian for your son even if he has US. citizen. If your are out of status you can't stay here. You must have a vaild visa in order to stay. Best thing is to do H4 if your husband has H1B. Good Luck.
 
What was the status of your Husband when you were on H1? If he was on H4 all the time you were on H1 then he cannot use his new H1 as you can stay in the US in H status only for 6 years unless as Honeysusu mentioned you have applied for your GC which is in the process for atleast 365 days.


You cannot stay as a guardian of minor in the US if you are the parent.
 
I dont believe you can transfer to H-4 since your H-1 is expired. I think both H-1 and H-4 status counts towards 6 yrs limit and once that is up, you need to leave the country for a year (or two???). What is your status for GC? Has your labor or I-485 pending for a year? In which case you can apply for 7th year extension or start using EAD based on your pending I-485.
 
You must log in or register to reply here.
Top