H1 to H4 during wait period when out of US

[RajArch]

Hi,

I and my husband both are on H1 visa. My husband has exhausted the 6 years of his H1 and has gone back to India. His company has asked him to wait for 1 year before they can apply for a fresh visa again (H1). However, if I am planning to initiate his H4 (as my dependent).

1. When I apply for his H4, would it be a fresh H4 visa or COB? (he is currently in India)
2. If I get H4 for him and he does travel to US as a dependent, would that 1 year wait period get reset? (like if he stays with us for 2 months, would it just add 2 months towards his wait period or when he goes back to India the wait period clock starts again?

[raghvi]

Hi,

I and my husband both are on H1 visa. My husband has exhausted the 6 years of his H1 and has gone back to India. His company has asked him to wait for 1 year before they can apply for a fresh visa again (H1). However, if I am planning to initiate his H4 (as my dependent).

1. When I apply for his H4, would it be a fresh H4 visa or COB? (he is currently in India)
2. If I get H4 for him and he does travel to US as a dependent, would that 1 year wait period get reset? (like if he stays with us for 2 months, would it just add 2 months towards his wait period or when he goes back to India the wait period clock starts again?

1. COB? I believe you meant COS. COS is applicable only if he was in US. So it will be fresh H4.
2. This is tricky. His Clock will not reset if he stays in US, on any visa. Advisable to stay away from US entirely for 1 full Year in order to try to get fresh 6 Years H1.

This is my opinion not legal advice.