H1B Six Year Expiring - What are next options

[Mingly]

I and my spouse are on H1B. My six year period will end soon. I have not started green card process. I am planning to convert to H4 once H1B six year period ends and stay with my spouse in the USA. In this case,

1. Do I have to exit the USA and stay outside the country for one year to be able to file new H1B against yearly quota?

2. Can I stay in the USA on H4 and apply for H1B the following year? Does the one year period apply to dependents in H4 status also?

3. How is the one year outside the USA is calculated?

Thanks

[raghvi]

I and my spouse are on H1B. My six year period will end soon. I have not started green card process. I am planning to convert to H4 once H1B six year period ends and stay with my spouse in the USA. In this case,

1. Do I have to exit the USA and stay outside the country for one year to be able to file new H1B against yearly quota?

2. Can I stay in the USA on H4 and apply for H1B the following year? Does the one year period apply to dependents in H4 status also?

3. How is the one year outside the USA is calculated?

Thanks

1. If your 6 years physical presence on H1 is over Yes you would have to stay out for 1 Full year to get fresh H1.
2. NO. Though you are eligible to stay under H4 if your spouse is maintaining valid H1 status but you cant work on H4 in order to get fresh H1 you should stay out of US for 365 days.
3. 365 days should be passed between the time that you leave US and the time your employer applies for fresh H1 petition. If you visit US for short duration in that period those many extra days you will have to stay outside US. Basically, USCIS will seek sufficient proofs (entry exit records in passports, I-94 copies, boarding passes etc) to determine whether you actually stayed full 365 days outside US or not to determine your eligibility for fresh H1.

This is my opinion not legal advice.

[danik]

H1B Six Year Expiring - What are next options

Hi,

You can apply for student visa (F1), its the best option than H4. if you want to stay out of USA for 1 year, that's your choice but if you want to stay in USA on H4 then that would be bad decision. You can still go to college on H4 but in F1 you will get the option of doing CPT & OPT also you can work for university campus part time. but your options will be very limited on H4. Try ITU.EDU its recently Accrediated.