H1b-h4-h1b

[arunprasth]

Hello,

Currently, my spouse is working in H1B Visa and she can stay in US at the max Nov 2012 (Completing 6 years in H1b) then she will move to H4 status since I'm in H1B. My question is can she still apply H1B after an year in H4. She didn't apply GC.

Appreciate your response.

[shervin143]

No. To qualify for a fresh H1B after completing 6 years in H1B status, one should stay out of U.S for 1 complete year.

[arunprasth]

Thanks for the update. Is this applicable to L1 + H1B as well. She was in L1 (5 Years)and then moved to H1B(1 Year). Thanks.

[shervin143]

Yes. Total stay in L1 + H1B together is for 6 years (Unless GC PERM is filed 365 days prior to the 6th year end).

Thanks for the update. Is this applicable to L1 + H1B as well. She was in L1 (5 Years)and then moved to H1B(1 Year). Thanks.

[arunprasth]

Thanks. Employer said applying GC PERM is not possible since she has only 2 years of exp in India. As per employer to apply GC min 3 Years of exp should be required in India. Now she has 6 Years of exp 4 yrs in US+2 Yrs in India. She holds bachelors in Maths. Any thought on this.

[shervin143]

Your employer is right. The experience excluding the current employment will be considered while filing the PERM. There is a separate section dedicated for Green Card in immihelp. I suggest you try your questions related to GC there.

Thanks. Employer said applying GC PERM is not possible since she has only 2 years of exp in India. As per employer to apply GC min 3 Years of exp should be required in India. Now she has 6 Years of exp 4 yrs in US+2 Yrs in India. She holds bachelors in Maths. Any thought on this.

[arunprasth]

Thanks a lot. Is it possible to file GC individually without any employer. If I file GC (PERM) can my wife also work by obtaining GC. At what stage in the GC process she can start working( I mean after my I140 approval or any other stage).

Also, Is it possible for my wife to file GC thru some other employeer but still working for current employer. What is the exact criteria for GC. My wife did B.SC and has 6 years of exp (2 Ind + 4 US).

Thanks again for the great help. I really appreciate your work.

Thanks,
Arun

[shervin143]

Is it possible to file GC individually without any employer.
>>> There is a separate section dedicated for GC in immihelp and it has a lot of valuable information. Go through that section to understand the basics of filing a GC. There are two type of GC. Employment based (Need to filed by an employer) or a family based (can be filed by an immediate relative).

If I file GC (PERM) can my wife also work by obtaining GC.
>>> Yes, yu can include your wife & kids in your GC process. She can work once after receiving an EAD or the Gc itself.

At what stage in the GC process she can start working( I mean after my I140 approval or any other stage).
>>> After filing form I-485 USCIS will send you an EAD. She can start working after receiving the EAD.

Also, Is it possible for my wife to file GC thru some other employeer but still working for current employer.
>>> Yes. GC is for future employment.

What is the exact criteria for GC. My wife did B.SC and has 6 years of exp (2 Ind + 4 US).
>>> The employer should let you know. It is employment specific. Read the Greencard section of immihelp.

[arunprasth]

Thanks a lot for the valuable Help.I Really Appreciate it.