When can spouse get H1B after 6 years on H4?

V

vijrohit

New Member
I am currently on H1B and 6th year will expire on March 6th 2007. I filed I-140 June this year, no update yet.

My wife got a job but lawyers couldn't file her H1b this year as the cap got over. Now she will complete 6 years in US on H4 in March. Does it mean she can not get H1B as she has been in US for 6 years and needs to go out of country for one year to get H1B?

Or can she apply for H1B when my I-140 is approved? Or does she have to wait till I get EAD to start working?
 
She can not work

6 year limit counted is towards the H status and it includes both H1 or H4. Since your wife completed her H status(H4) of 6 years and there is no LC pending - she as the beneficiary for 365 or more, I don't think she can get H1 approved. She may have to wait until you get the EAD to work.
 
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