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H-4 Visa after 6 years on H-1

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  • H-4 Visa after 6 years on H-1

    Hi,

    My wife's 6 years on the H-1 visa will be completed in Oct'2013. No Green Card for her has been initiated. I still have valid H-1B till 2015. Can she go on H-4 on my H-1B after October 2013? I mean will the completion of 6 years on her own H-1B affect her H-4 process on my visa? Is she allowed to be on H-4 immediately after completing 6 years on own H-1? Please help

    Vijay

  • #2
    Originally posted by VijayUS View Post
    Hi,

    My wife's 6 years on the H-1 visa will be completed in Oct'2013. No Green Card for her has been initiated. I still have valid H-1B till 2015. Can she go on H-4 on my H-1B after October 2013? I mean will the completion of 6 years on her own H-1B affect her H-4 process on my visa? Is she allowed to be on H-4 immediately after completing 6 years on own H-1? Please help

    Vijay
    She should file a I539 to do a change of status to H4 before her 6 Years completion otherwise she will go out of status.

    Also, her beign on H4 in US will not reset her 1 Year clock. She will be eligible for fresh H1 only after physically staying out of US for one full Year.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      She should file a I539 to do a change of status to H4 before her 6 Years completion otherwise she will go out of status.

      Also, her beign on H4 in US will not reset her 1 Year clock. She will be eligible for fresh H1 only after physically staying out of US for one full Year.

      This is my opinion not legal advice.
      Thanks Raghvi

      Comment

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