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h1b or h4b - due to confused circumstance.

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  • h1b or h4b - due to confused circumstance.

    Hi,
    My spouse is on 7th year h1B extension.I have been filed for 7th year h4b extension.His 6 year period on h1b elapsed and hence he got 7th year extension .
    I stayed in India for 1 year during my 5th year on h4B. Based on these conditions,
    1.If I wish, can I have my own H1B as I have stayed in India for 1 year, starting with new 6 year cap ?
    2.If yes, is the process of getting new 6 year cap on h1b
    is same as regular h4 to h1 conversion?or what is the process.
    3.If yes, and if I can get new 6 year cap on my H1B,
    will I still be eligible to get included for I-140 and 485 based on my spouse's I-140 and 485 in obtaining green card.
    3.Or should I remain on H4b 7th year extension based on my spouse's h1b 7th year extension, to get included for 140 and 485?.
    Thanks in advance.

  • #2
    Can somebody Please advice

    Hi,
    I would really appreciate some advice regarding this
    matter.
    Thanks
    Akanksha

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