H1B stay after 7 yrs

[praveen1986]

Hi,

I am on H1B right now in US for Indian based IT company and completing my 7 Yrs in US this May 2013. My wife is on separate H1B and that is valid for her for next 3 yrs.

But, I don't want to go back now at this point as my wife is also working here in US.

Is it valid to stay in US for me if i change my H1B to H4 for this year 2013 and be as a dependent for wife until i file for new H1B again in 2014 April and get that approved.

Can i skip going to India this way ?

Someone please suggest.

[raghvi]

Hi,

I am on H1B right now in US for Indian based IT company and completing my 7 Yrs in US this May 2013. My wife is on separate H1B and that is valid for her for next 3 yrs.

But, I don't want to go back now at this point as my wife is also working here in US.

Is it valid to stay in US for me if i change my H1B to H4 for this year 2013 and be as a dependent for wife until i file for new H1B again in 2014 April and get that approved.

Can i skip going to India this way ?

Someone please suggest.

Something is missing. What stage is your GC in? How did you manage to get H1 beyond 6 Years? The same reason can be used to get beyond 7 Years too.

If your intention is to get fresh 6 Years validity for H1B, you can apply for it only if you are outside US for 1 Full year. Being on H4 for one year while in US will not make you eligible for a fresh 6 Year H1.

This is my opinion not legal advice.

[praveen1986]

Something is missing. What stage is your GC in? How did you manage to get H1 beyond 6 Years? The same reason can be used to get beyond 7 Years too.

If your intention is to get fresh 6 Years validity for H1B, you can apply for it only if you are outside US for 1 Full year. Being on H4 for one year while in US will not make you eligible for a fresh 6 Year H1.

This is my opinion not legal advice.

I was Initially on L1B for 3 yrs and then on extention for 1 yr. Then H1B for close to 3 yrs now which will end by May 2013. My Indian based IT company did not do GC processing. So, now my target is not to go back to India even for 1 yr. My wife is ok even if i am on H4 as dependent for 1 yr. I want to know will this approach be permitted to stay beyond 7 Yrs. Then i ill file for new H1B next year in 2014 if i get that for atleast 3 yrs, I am ok with that. Will this work out ? Please suggest..

[raghvi]

I was Initially on L1B for 3 yrs and then on extention for 1 yr. Then H1B for close to 3 yrs now which will end by May 2013. My Indian based IT company did not do GC processing. So, now my target is not to go back to India even for 1 yr. My wife is ok even if i am on H4 as dependent for 1 yr. I want to know will this approach be permitted to stay beyond 7 Yrs. Then i ill file for new H1B next year in 2014 if i get that for atleast 3 yrs, I am ok with that. Will this work out ? Please suggest..

First of all if your entire 7 Years stay was in US without any gap in between then I am not sure if your L1B+H1B stay of 7 Years was valid. L1+H1B can at most be for 6 Years not 7 Years. The 3 Year H1B that you got might have been a mistake by USCIS. This can have issues with your future visa stampings and GC processing, as you are also responsible for knowing that L1B+H1B can only be valid for 6 Years.

Secondly, As I mentioned in previous post, if you have already used 6 Years of L1B+H1B continuous stay in US there is no way to get additional H1B unless you stay out of US for 1 Full Year. Even if You stay in US on H4 you will not be eligible.

I would strongly suggest you talk to a good attorney to determine your options.