H1 expiring

[ravi11]

Hi

My H1 visa is going to expire by Mar,2011 and my employer is not willing to apply for GC.
I am planning to apply H1 visa for my wife. If she gets that we are thinking to apply for GC immediately so that my name can be added in that. In that case will i be able to stay in USA even though my 7 year H1 visa period is over. Please let me know about this. Thanks for your replies.

[kabkaba]

You seem to have figured out everything yourself! What do you want to know?

[ravi11]

Can i continue to stay in USA though my 7 year H1 period is over?

i want to know whether my idea is right or wrong?

[ravi11]

anyone please clarify.

[shervin143]

H1B is for 6 years. If you want to extend beyond the 6th year, then you should apply for the PERM (Labor certification) atleast 365 days before the end of the 6th year.

As per your plan, if you apply H1B for your wife and if it gets approved, then you can stay in U.S as a dependent (H4). If she applies for GC and includes you in that, then until you get the EAD, you won't be able to work (That would take anywhere between 3 - 4 years).

Alternatively, you can stay out of U.S for one year and then apply for H1B again and get a fresh 6 year period. Or find a new employer who can file your PERM (GC) before March 2010, so that you can go for the 7th year H1B extension and continue to stay in U.S (if the PERM gets approved or if it is pending).

[ravi11]

thank you so much for your reply.