H1-H4-back to H1

[VijayUS]

Hi Experts,

My wife completes 6 years on H-1B in October this year with no Green Card pending. She will go on H-4 on my H-1B visa and apply for a long leave in her organization. My Green Card is filed by my employer but it will be at least 5-6 years before she can get the EAD to start working again in the US. My question is that:

"Does being on H-4 for a year, considered a reset for a new H-1B filing by her employer after one year on H-4 is over? (Possibly APR'15)?" or she has to spend one year outside of US for being eligible to apply for fresh H-1 again?"

Thanks,
Vijay

[raghvi]

Hi Experts,

My wife completes 6 years on H-1B in October this year with no Green Card pending. She will go on H-4 on my H-1B visa and apply for a long leave in her organization. My Green Card is filed by my employer but it will be at least 5-6 years before she can get the EAD to start working again in the US. My question is that:

"Does being on H-4 for a year, considered a reset for a new H-1B filing by her employer after one year on H-4 is over? (Possibly APR'15)?" or she has to spend one year outside of US for being eligible to apply for fresh H-1 again?"

Thanks,
Vijay

Staying on H4 doesnt reset the 1 Year period. She would need to stay out of US for 1 Full year in order to be eligible for fresh H1.

This is my opinion not legal advice.