H1-B Beyond 6 years

Old Jun 23rd 2010, 12:37 pm
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Default H1-B Beyond 6 years

Hi Guys,

Might have to change to H1-B. Had read the following paragraph from http://www.immihelp.com/visas/h1b/h1...d-6-years.html and was unsure of just what this means...

"In case the spouse of the H-1B alien also carries an H-1B visa status and reaches the 6-year limit at the same time when the principal H-1B alien who filed for labor certification application reaches the 6-year limit. The accompanying H-1B spouse can NOT extend her/his own H-1B status beyond 6 year limit in the event that the principal alien labor certification H-1B alien becomes eligible for the 7th year extension of H-1B status based on the 365-day rule under DOJ Authorization Act of 2002 and AC 21. However, the spouse can file I-539 to apply for change of status from H-1B to H-4 along with the principal spouse's 7th year extension petition and USCIS will approve such application for change of status to H-4 even beyond the H-visa status limit of 6 years. In other words, the H-1B accompanying spouse cannot extend his/her own H-1B status beyond 6 years but can change the status to H-4 and remain in the country beyond six years until the green card is adjudicated. In all these cases, the aliens should maintain valid H-visa status without violations."
Does this mean that if i extend my H1-B past 6 years, my wife can not? Even if her own company applies for an EB green card for her? Seems a bit crazy if this is the case...

Thanks for any input...
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Old Jun 23rd 2010, 3:35 pm
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Default Re: H1-B Beyond 6 years

Originally Posted by dh010447
Hi Guys,

Might have to change to H1-B. Had read the following paragraph from http://www.immihelp.com/visas/h1b/h1...d-6-years.html and was unsure of just what this means...

"In case the spouse of the H-1B alien also carries an H-1B visa status and reaches the 6-year limit at the same time when the principal H-1B alien who filed for labor certification application reaches the 6-year limit. The accompanying H-1B spouse can NOT extend her/his own H-1B status beyond 6 year limit in the event that the principal alien labor certification H-1B alien becomes eligible for the 7th year extension of H-1B status based on the 365-day rule under DOJ Authorization Act of 2002 and AC 21. However, the spouse can file I-539 to apply for change of status from H-1B to H-4 along with the principal spouse's 7th year extension petition and USCIS will approve such application for change of status to H-4 even beyond the H-visa status limit of 6 years. In other words, the H-1B accompanying spouse cannot extend his/her own H-1B status beyond 6 years but can change the status to H-4 and remain in the country beyond six years until the green card is adjudicated. In all these cases, the aliens should maintain valid H-visa status without violations."
Does this mean that if i extend my H1-B past 6 years, my wife can not? Even if her own company applies for an EB green card for her? Seems a bit crazy if this is the case...

Thanks for any input...
I think it means she must ALSO meet all the conditions out of her own merits (own pending Labor/i-140, etc), and not piggyback on yours to extend her H1B over the 6-years. Not removing rights from her, but specifying that your eligibility to extend your H1-B does not result in that privilege magically extending to her if she does not meet the conditions to extend beyond 6 years by her own merits.
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Old Jun 23rd 2010, 7:03 pm
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Default Re: H1-B Beyond 6 years

Originally Posted by A I
I think it means she must ALSO meet all the conditions out of her own merits (own pending Labor/i-140, etc), and not piggyback on yours to extend her H1B over the 6-years. Not removing rights from her, but specifying that your eligibility to extend your H1-B does not result in that privilege magically extending to her if she does not meet the conditions to extend beyond 6 years by her own merits.
Thanks A I.... That makes more sence
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