H-4 Visa after 6 years on H-1

[VijayUS]

Hi,

My wife's 6 years on the H-1 visa will be completed in Oct'2013. No Green Card for her has been initiated. I still have valid H-1B till 2015. Can she go on H-4 on my H-1B after October 2013? I mean will the completion of 6 years on her own H-1B affect her H-4 process on my visa? Is she allowed to be on H-4 immediately after completing 6 years on own H-1? Please help

Vijay

[raghvi]

Hi,

My wife's 6 years on the H-1 visa will be completed in Oct'2013. No Green Card for her has been initiated. I still have valid H-1B till 2015. Can she go on H-4 on my H-1B after October 2013? I mean will the completion of 6 years on her own H-1B affect her H-4 process on my visa? Is she allowed to be on H-4 immediately after completing 6 years on own H-1? Please help

Vijay

She should file a I539 to do a change of status to H4 before her 6 Years completion otherwise she will go out of status.

Also, her beign on H4 in US will not reset her 1 Year clock. She will be eligible for fresh H1 only after physically staying out of US for one full Year.

This is my opinion not legal advice.

[VijayUS]

She should file a I539 to do a change of status to H4 before her 6 Years completion otherwise she will go out of status.

Also, her beign on H4 in US will not reset her 1 Year clock. She will be eligible for fresh H1 only after physically staying out of US for one full Year.

This is my opinion not legal advice.

Thanks Raghvi