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H1B and H4 validity period

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  • H1B and H4 validity period

    My question is regarding visa validity period, in lieu of changed jobs. I would appreciate any help. Thank you in advance.

    My spouse and I arrived in US on Oct,2012, on H1B and H4 visas, respectively. Our visas were valid till Sep,2015, and eligible for a renewal for three more years.
    However, my spouse changed jobs in Feb, 2014, and therefore, we both got our visas stamped with the new employer's name. Now our visas are valid till 2017.
    My question is, will our visas be renewed for three more years in 2017 to be valid, up until 2020, or will they consider the one and half years already spent with the previous employer and the extension will only be till 2018? To put it simply, has our visa validity clock been reset or does the H1B transfer also transfer the time already spent in the US?

    Another query: Will the visa validity period eventually have an effect on our green card application? If so, what may we have to deal with?

    Thanks once again. I look forward to your advice.

    Best,
    Raahi

  • #2
    Originally posted by Raahi View Post
    My question is regarding visa validity period, in lieu of changed jobs. I would appreciate any help. Thank you in advance.

    My spouse and I arrived in US on Oct,2012, on H1B and H4 visas, respectively. Our visas were valid till Sep,2015, and eligible for a renewal for three more years.
    However, my spouse changed jobs in Feb, 2014, and therefore, we both got our visas stamped with the new employer's name. Now our visas are valid till 2017.
    My question is, will our visas be renewed for three more years in 2017 to be valid, up until 2020, or will they consider the one and half years already spent with the previous employer and the extension will only be till 2018? To put it simply, has our visa validity clock been reset or does the H1B transfer also transfer the time already spent in the US?

    Another query: Will the visa validity period eventually have an effect on our green card application? If so, what may we have to deal with?

    Thanks once again. I look forward to your advice.

    Best,
    Raahi
    Broadly speaking, H1 petitions can be renewed till 6 Years time is not exhausted on the H1. Yes the time spent with previous employer would get added. The clock is reset only if one stays outside for 1 Entire Year and then processes a new H1 petition in that years cap so in your case come

    GC process is independent of visa validity period. But yes a GC can take 8-14 Years in EB2/Eb3 category, so till that time if you want to stay in US you would have to get H1 renewed before it expires. 8-14 Years is a long time, many things happen in between, job changes, travel back and forth between home country and US, new immigration laws, etc so its very difficult to ascertain what you mean when you say "what may we have to deal with".

    This is my opinion not legal advice.

    This is my opinion not legal advice.

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    • #3
      Thanks for your reply Raghvi.

      So according to you, when we apply for extension in 2017, we'll get only one more year's extension, right? Considering that we might not have our green cards by then, will we be eligible to apply for one more extension in 2018 or will we have to go back to our home country and get a fresh visa?

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