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

A. no H1 nad H4 have same 6 year limit. You have to be out for a year to get new 6year H1/H4.
If you applied for GC, Depending on on your PD or state of GC you can apply for 485 and stay. else you have to leave.

2. My new born baby is citizen, Can I become guardian to her and stay in USA ?
No
Please let me know the possibilities of staying in USA in my case.
 
tirugui:
I think yes, you can become dependent, I readed in one of the posting for similar case, I didn't remember where.
Good Luck.

Thanks
 
tirugui said:
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?
Yes you can become H4 since your husband has a valid H1. Or you can ask a 7th year extension.
If you have I485 pending use EAD
2. My new born baby is citizen, Can I become guardian to her and stay in USA ?
I don't know

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

Thanks,
SR
Click to expand...
 
I am not sure if you would get a new clock for your H4. From what I've read, time spent on H1 & H4 are clubbed and counted towards the 6 year limit. Hope someone with firsthand experience would pitch in.
 
Hi,
Yes you can apply for H4 and become dependent.The rules have changed and you can continue to stay by going to H4 because I know a case who did the same.So apply for h4 as soon as possible.

--rekha
 
frodo said:
I am not sure if you would get a new clock for your H4. From what I've read, time spent on H1 & H4 are clubbed and counted towards the 6 year limit. Hope someone with firsthand experience would pitch in.
Click to expand...

I think her husband and herself has H1 and hers will expire and I assume the husband H1 is still valid therefore she can be H4 using her husband's H1..
 
wwossen said:
I think her husband and herself has H1 and hers will expire and I assume the husband H1 is still valid therefore she can be H4 using her husband's H1..
Click to expand...

wwossen,

That is incorrect, please verify facts and do not state what you 'think'. H visa has a limit for 6 years. It does not matter if you are on H1, H4 or change status during that period, the whole period is counted cumulatively. If her H1 has reached 6 years lmit, she cannot I repeat CANNOT fall back on H4, even though her husband has a valid H1. Her only recourse is if she has a pending labor for > 1 year or a pending I-140/I-485 for her or her spouse.
 
Last edited by a moderator:
H Visa (H1/H4) has a 6year limit of residence. As per rule you cant change to H4.

USCIS/INS officers are not clear of that rule. Thats why your husband got the new H1 in the first place. Your Husband can only get h1 for the period he was not in the US on H status.

You can try your luck and file for H4 hoping that the file will go to a dumb officer for adjudication and you will get . Make sure you or your attorney NOT fill the details of previous stay clearly.

Dont worry, All the CIS is full of dumb, butthead officers who dont know the rules and what they are doing.

But rememebr if your stay is discovered you will be demed out of status from the date you completed 6 yrs of stay.
 
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