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H1-H4-H1 will I get 6 years again with this new H1???

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  • H1-H4-H1 will I get 6 years again with this new H1???

    Hi,
    I have a little confused question that
    1. At present I am on H1 (valid till Feb 2013 then ends 6 years quota) and my wife is on H4 ,We both are in U.S.
    2. My wife is Planning to convert H4 to H1 in 2012 quota.so by 2012 Oct she will be on H1.Will she eligible to stay in U.S for 6 years ( 3 years + 3 years )on H1?
    3. Once my wife get H1 , I will convert my H1 to H4 on Jan 2013.Bsically we are doing swaping H1->H4 and vice versa.
    4. In 2013 quota I will apply for H1 again to convert from H4 to H1.
    5. Once I convert to H1 will I get again 6 years (3 years + 3 years) ?

    Thanks for every one for your time and advise...

    Looking Forward,

  • #2
    H1-H4-H1 will I get 6 years again with this new H1???

    I think you need to be outside US for 1 Year before you can be eligible for another 6 year. This is my opinion, please do seek expert help too.

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    • #3
      That is correct. You have spend 1 year outside the US to be eligible for fresh 6 years.
      This is my opinion and not legal advice.

      Comment


      • #4
        Thanks for your prompt responses,

        Interesting, Say If I stay more than one year on H4 before re-applying for H1, will that consider as out of stay U.S? I really don't want to stay away from U.S for that one year since my wife is working on H1 here.

        Advanced Thanks for your advises,

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        • #5
          H1-H4-H1 will I get 6 years again with this new H1???

          No it has to be outside US. Why not apply for Green card ? This is my opinion please do seek guidance from experts too.

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