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
 
Do u have pending 485?????? BOTH Of you?

I believe he can apply H4, but I believe process required to apply from home country where his H1 issued.


Best thing is consult an exp attorney plz,


Good Luck
 
As far as my knowledge goes,

1) The H time-limit applies to both H1 and H4. So, if you completed 6 years on H1B , you cannot change to H4 as dependant unless you leave the country for a period of one year.

2) You cannot use your kid (even though an Anerican, until they are 18) to obtain any stay here.

However, if you are outside the country in the last six years, you can use that period to obtain an extension of your current H1B visa. Similarly, there may be some "circumstances" where you can ask for extension of stay temporarily based on your daughter's health or something of that nature.

As POJ mentioned, unless you have a labour/I-1485 pending in your name, the possibility of extending the visa is slim. If you have a pending labour/I-485, then you are all set as you extend your h1-B visa for a period of one year. One other possibility is having a substitute labor.

Hope this helps. Consult a lawyer.
 
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