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7'th Year H1B Extension questions

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  • 7'th Year H1B Extension questions

    I am on H1B Visa since April 2000. Labor Certification (EB2) for me was filed by my
    current employer on Nov 2002. Meanwhile I got married and my wife is in H4 Visa since Feb 2003. My Present H1B visa expires by Apr 2006. Thereafter I need to extend my visa showing my pending Labor Certifiction which is more than 1 year old.

    Meanwhile my Wife plans to join in Medical Residency Program (if she gets ???) in H1B Visa in the year 2006 which usually start from July 2006. I came to know amount of time she spends in H4 Visa will be counted while calculating 6 Year period of stay H1B for her. By July 2006, she might have spent 3 Years and 4 Months in H4 Visa. In such a case she just have 2 Years 8 Months for her Residency in H1B Visa. But the residency requires 3 Years of work. I am thinking about various options she has to buy time atleast to complete her residency. Also this problem will appear only during June 2008 if she gets residency in June 2006.
    I think Options we have are

    1. Hope I will get atleast Interim EAD before June 2008, before this problem appear.My assumption is we both can apply for EAD though she is on her own H1B Visa. Please some one confirm.

    2. Even If I could not go to the stage of applying for EAD before June 2008 because
    of EB2 retrogression, but Labor is approved, then I can extend my H1B visa till I apply for EAD. In such a case Can I apply for extension for her H1B visa showing my Pending application for I-140 AND I-485 ???. I think since she is on her own H1B visa it is difficult to extend her H1B visa based on my I-140 or I-485.

    3.Can she buy (capture) some time she spent in her home country in her H4 Visa (say 4 months) and use that time for her H1B 6 Year rule. I think it is possible to recapture time spent on vacation while on H1B for the H1B 6 Year limit. But will the time spent on the home country on H4 Visa will be captured for her H1B visa??? I prefer this option since she can extend her H1B visa on her own without my dependence. Since lots of uncertanities are associated with my Green Card processing (like whether will I get Labor Approval??? or will I be employed with the same employer till that time ??? or will I get I140/EAD approved even if I get approval for Labor ???) .

    Also I think we have one more option which we don't like

    4. Complete her 2 Years of residency. Then take a break and go to home country for time period she has Visa problem (say 4 Months). Then use that time period to capture time for her 6'th year. (Drawback with this option is she need to get approval from her Hospital to wait till that time). This is also based on the assumption that atleast time spent on the home country on her H1B visa can be used to capture time. Again please some one confirm.

    Is there any other options do we have ???. Also i think if I lose my current employment after my stay as H1B for 6 years, atleast I have the option to convert to H4 Visa and stay with her. Is this correct ???.

    Thanks for reading patiently my lengthy question. Suggestions please.

    Thanks again.