Will H4 be valid after 6 years

S

sammyboy

Registered Users (C)
I have aweird situation adn want to be proactive and so any feedback is really appreciated

a)I have my I140 and have applied for I485 and currently have H1B visa
b)My wife is employed and has H1 B visa also My 6 year term ends in December2002 . My company is going through tough times and so if I get laid off before 180 days of I485 application ...say Jan 2003 then I wont have a visa nor my EAD or anything else.

My only hope would be my wife who has an H1 and so my question is whether I can apply for H4 visa as a dependant to my wife?
If so when can I again apply for a H1B?
Thanks
Sam
 
The law is apparently pretty clear on one thing ... the 6 year cap applies to a continuous period of time spent in H1, H4 or L status, or *any combination of these*. So if are finishing 6 years on H1, you CANNOT go into H4...you will have to leave the country for a year and come back on H1 or H4 or L status to start another 6-year clock.

All the best...
 
H4 is directly linked with H1B. The day H1B expires, H4 expires automatically no matter how long have you stayed on H4.

:(
mhsoor
 
That's true but the reverse is not necessarily true. A person cannot remain in the US in H-4 status if they would have reached the six year maximum in H-1 status. All time in H status (L status too as pointed out in a response above) counts toward the six year H maximum.
 
H1 6-Years limit and J-2?

Does the 6-year limit apply to someone who gets a J-2 dependant visa and EAD based on that, after exhausting the 6 years on H1?

Thanks
 
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