Completing 6 yrs - Need advise

[syellise]

Hi,
I have entered US in March 2001 on H4 visa thru my spouse and later in 2003 I got my H1 thru some X company. Now I'm about to complete my 6 years term in May 2007 (H status including H1 and H4).

My spouse got 1-140 approval about 6 months back and we been to Canada for stamping where he got 3 years extension and I got only the time limit left in H status (may 2007). My employer cannot apply GC and what will be my status after May 2007 ?.

1. Can I get my H1 extension based on my spouse's extn ? OR
2. Can I convert my H1 to H4 now ?.

I'm getting different answers from friends and would like to know if anyonce come across the same situation.

Please advise !!!

ellise

[Subramanya]

H1 and H4 issues

I have entered US in March 2001 on H4 visa thru my spouse and later in 2003 I got my H1 thru some X company. Now I'm about to complete my 6 years term in May 2007 (H status including H1 and H4).

My spouse got 1-140 approval about 6 months back and we been to Canada for stamping where he got 3 years extension and I got only the time limit left in H status (may 2007). My employer cannot apply GC and what will be my status after May 2007 ?.

1. Can I get my H1 extension based on my spouse's extn ? OR

---- NO, you cannot get a H1 extension based on your spouse's H1

2. Can I convert my H1 to H4 now ?.

---- Yes, you can convert from to H4 based on the H1 of your spouse

---- Regarding completion of 6 years (being H1 and H4) and then extending, you may want to consult an immigration attorney for clarification and proper advise on the steps to follow

Subramanya
Subramanya

[syellise]

thanks

thank you for the information, but somebody told me that even I cannot convert to H4. Anyway, I will try to consult attorney for additional information.

thanks, - syellise

[dvhc]

I remember reading that the time spent on H4 and H1 are now decoupled - i.e. time spent on H4 does not count towards the 6 yr limit if you are now on H1. Isnt that the case?

http://pubweb.fdbl.com/news1.nsf/7f4d7596b0572ba886256e3100809439/f1bd59d174825eec8525726f005ec0d5?OpenDocument