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Completing 6 yrs - Need advise

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  • Completing 6 yrs - Need advise

    Hi,
    I have entered US in March 2001 on H4 visa thru my spouse and later in 2003 I got my H1 thru some X company. Now I'm about to complete my 6 years term in May 2007 (H status including H1 and H4).

    My spouse got 1-140 approval about 6 months back and we been to Canada for stamping where he got 3 years extension and I got only the time limit left in H status (may 2007). My employer cannot apply GC and what will be my status after May 2007 ?.

    1. Can I get my H1 extension based on my spouse's extn ? OR
    2. Can I convert my H1 to H4 now ?.

    I'm getting different answers from friends and would like to know if anyonce come across the same situation.

    Please advise !!!

    ellise

  • #2
    H1 and H4 issues

    I have entered US in March 2001 on H4 visa thru my spouse and later in 2003 I got my H1 thru some X company. Now I'm about to complete my 6 years term in May 2007 (H status including H1 and H4).

    My spouse got 1-140 approval about 6 months back and we been to Canada for stamping where he got 3 years extension and I got only the time limit left in H status (may 2007). My employer cannot apply GC and what will be my status after May 2007 ?.

    1. Can I get my H1 extension based on my spouse's extn ? OR

    ---- NO, you cannot get a H1 extension based on your spouse's H1

    2. Can I convert my H1 to H4 now ?.

    ---- Yes, you can convert from to H4 based on the H1 of your spouse

    ---- Regarding completion of 6 years (being H1 and H4) and then extending, you may want to consult an immigration attorney for clarification and proper advise on the steps to follow

    Subramanya
    Subramanya

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    • #3
      thanks

      thank you for the information, but somebody told me that even I cannot convert to H4. Anyway, I will try to consult attorney for additional information.

      thanks, - syellise

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      • #4
        I remember reading that the time spent on H4 and H1 are now decoupled - i.e. time spent on H4 does not count towards the 6 yr limit if you are now on H1. Isnt that the case?

        http://pubweb.fdbl.com/news1.nsf/7f4...5?OpenDocument

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