Legal Question in Immigration Law in Virginia

Hello,

I know H1 visa duartion is 6 years. I had an H1 and then lost my job so switched to h4. My h1 was filed before my marriage. Now i have found a new job so does that mean my h4 duration is counted towards my new h1 durations as well?

Please let me know.

Thank you,

trup


Asked on 10/14/09, 1:59 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, being in H4 status is counted toward the H1B time duration (unless you departed the USA for a whole year, then you'd be eligible for a new period of 6 years).

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/19/09, 3:29 pm
Michael Hendrickson Law Office Michael E. Hendrickson

No, I disagree with attorney Smal's answer. There is supposedly a USCIS memo dated December 5, 2006, which effectively decouples any time spent in H4 or L2 status from the time alloted for HIB or L1 status and allows an individual to discount such time in figuring his/her six year durational limit even if it means that the total time spent in the country by this particular individual may well exceed the normal six year durational limit on H1B visa status.

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Answered on 10/19/09, 4:09 pm


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