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Husband wife both on h1b !!!! GC options for wife ?

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  • Husband wife both on h1b !!!! GC options for wife ?

    wife's 6 yr is exhausting on15 mar 12. Her not being sponsered for GC. Husband's h1b valid till 2015.

    *another employer B approaching her. She being asked to quit her current h1b employer at least 4 weeks before 15mar 12 and move to h4. She will visit Canada to stamp her h4 likely on 14 feb 12. Sponsoring employer is hoping to go for her perm, i140 and then port h1b extn based on 4weeks left on her current h1b.

    Kindly help on following -
    *if she opts to stay on h4 (by COS within usa) without going for new employer....in that case will stay on h4 count prerequisite 1 yr outside USA Clause if she applies again for new h1b next 6yr.*

    *effectively when can she start working on new h1b. Is it 16 mar 13. Not sure when her new i797 and application will start Rolling. I am afraid by the time if we wait till 16 mar 13 and start h1b after that it will be almost by oct 2013 she will start working. Any suggestion and ideas there on how it goes.

    *her current employer is offering her separation pkg and travel exp back to home country. if she accepts that how likely or will they revoke 4 weeks left on her h1b. That being said will it be difficult for her to go with B.

    Suggestion , ideas are greatly appreciated.

  • #2
    Originally posted by videomusic123 View Post
    wife's 6 yr is exhausting on15 mar 12. Her not being sponsered for GC. Husband's h1b valid till 2015.

    *another employer B approaching her. She being asked to quit her current h1b employer at least 4 weeks before 15mar 12 and move to h4. She will visit Canada to stamp her h4 likely on 14 feb 12. Sponsoring employer is hoping to go for her perm, i140 and then port h1b extn based on 4weeks left on her current h1b.

    Kindly help on following -
    *if she opts to stay on h4 (by COS within usa) without going for new employer....in that case will stay on h4 count prerequisite 1 yr outside USA Clause if she applies again for new h1b next 6yr.*

    No. Stay in any other status will not qualify her for fresh 6 years. It has to be outside the US.

    *effectively when can she start working on new h1b. Is it 16 mar 13. Not sure when her new i797 and application will start Rolling. I am afraid by the time if we wait till 16 mar 13 and start h1b after that it will be almost by oct 2013 she will start working. Any suggestion and ideas there on how it goes.

    It seems what the new employer is planning is to have her change to H4 status while Labor is filed and then after I-140 is approved, file the H1 based on the I-140. The remaining 4 weeks (or any other remainder from time spent abroad in the past) can be reclaimed right now, but if I-140 is not approved by the time this reclaimed time ends, she will have to change back to H4 again and wait for I-140 to be approved. So it all really depends on processing time for labor and I-140.

    *her current employer is offering her separation pkg and travel exp back to home country. if she accepts that how likely or will they revoke 4 weeks left on her h1b. That being said will it be difficult for her to go with B.

    That has nothing to do with the 4 weeks. All she has to do is leave the US before the 6 year limit. All the time spent in the US in H1 status will count towards the 6 years. Any remainder time can be recaptured.

    Suggestion , ideas are greatly appreciated.
    See above.
    This is my opinion and not legal advice.

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