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Staying in US after completing 6 years on H1B

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  • Staying in US after completing 6 years on H1B

    Hi,

    I was in L1-B visa for 4 years and right now in H1-B after filing a COS to H1B last year. I will be completing 6 years stay in US by 2013 mid. My spouse is also completing 6 years in H1-B around the same time.
    My question is if my spouse's employer is filing green card and extending his H1B beyond 6 years,
    - Can I stay in US in H4 since my spouse has H1-B status, and then file for a new H1-B after an year?
    - Do I need to physically remain out of US for 1 year to get a new H1-B after an year?

    Thanks!

  • #2
    - Can I stay in US in H4 since my spouse has H1-B status, and then file for a new H1-B after an year?
    >>> You can convert to H4 and stay in the country as long as your spouse is in validf H1B status. But you will not be eligible for a H1B unless you leave U.S and spend 1 year outside U.S.

    - Do I need to physically remain out of US for 1 year to get a new H1-B after an year?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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