Is my wife's H visa still legal?
 

Hi, folks,

I have a question about my wife's visa status. She has been in a H visa for two years (1.5 year H-1B, 0.5 year H-4). But I just started my H-1B this year. I was wondering if she will be out of status after 4 years (4+2=6 is the maximum stay for H visa) even at that time I'm still legal with my H-1B. Is she still legal at that time just because of my legal staus even her total stay with H visa will be longer than 6 years?

I appreciate your answer. Thanks.

Re: Is my wife's H visa still legal?
 

On Tue, 05 Nov 2002 07:29:08 -0800, dundun wrote:


    > Hi, folks,
    >
    > I have a question about my wife's visa status. She has been in a H visa
    > for two years (1.5 year H-1B, 0.5 year H-4). But I just started my H-1B
    > this year. I was wondering if she will be out of status after 4 years
    > (4+2=6 is the maximum stay for H visa) even at that time I'm still legal
    > with my H-1B. Is she still legal at that time just because of my legal
    > staus even her total stay with H visa will be longer than 6 years?
    >
    > I appreciate your answer. Thanks.
    >
    > --
    > Posted via http://britishexpats.com

Yes, her H-1B time does count towards the limit, so she would reach hers
before you reach yours.

I'm not sure how the seventh-year extensions, if your Labor Certification
has been pending for a year, figure into this situation.

Hi, I'm still confused. My wife has H-4 visa now, which is spoude of H1B. So should her time be the same as mine if she keeps using H-4 in the future? I would really appreciate it if someone could help me clarify it.

Thanks.

I don't think, that the time of H4 counts, as this is not a working visa, but only a derivative visa of your H1B. But I am not an expert, so you should consider saking a Lawyer