Legal Question in Immigration Law in California

H4 to H1 and H1 to H4 (Wife and Husband)

I am going to complete 6 years on my h1b visa on 11th May 2006.

My wife has applied for a fresh h1 for this year which will be approved by October 2005.

Can I come on H4 after 11th May 2006 based on my wife�s H1.

My wife has completed 3 years on H4 and will be moving to H1 visa in October 2005.

Thanks


Asked on 5/02/05, 12:40 pm

1 Answer from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: H4 to H1 and H1 to H4 (Wife and Husband)

No. General rule is you can stay on H status (including H1 and H4) for maximum 6 years. If you cannot have a labor certification or I-140 filed before May 11, 2005, then you have to leave US for one year before you can start another H1B. If you have been physically outside of US in the past, you can also try to recapture some time so that your H1B can be extended beyond May 11, 2006.

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Answered on 5/02/05, 12:58 pm


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