6 yrs applicable to both H1 and H4 combined?

[geesee10]

Is it true that if a H1 6-year term is complete, one cannot apply for a H4? (In other words, is the 6 year period for both H1 & H4 combined)? Nothing I have read so far has suggested this, but someone mentioned this to me to check.

Any help would be appreciated!

This is a related doc I found on uscis.gov. Concern is that this is from 2006, and not sure if things have changed after that.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf

[shervin143]

Time spent on H4/L2 is not counted against the 6 year limit. However, in order to get a fresh 6 year period, you need to stay out of U.S for 1 year. You will not be eligible to apply for a fresh H1B after spending 1 year in H4.

[geesee10]

Thank you, Shervin!

Had a follow-up question - Is that applicable to other types of VISA too, and not just H4/L2? For example, after a 6-year H1 term, if I become a student in the US(with a F1 visa), will I still need to spend a year out of the US to apply for a fresh H1 post-grad?

Thanks so much!

[shervin143]

Yes. You have to be outside U.S for 1 year to get a fresh 6 year term on H1B. No exceptions.

Thank you, Shervin!

Had a follow-up question - Is that applicable to other types of VISA too, and not just H4/L2? For example, after a 6-year H1 term, if I become a student in the US(with a F1 visa), will I still need to spend a year out of the US to apply for a fresh H1 post-grad?

Thanks so much!

[geesee10]

Thanks once again, for the prompt reply!