H status after 6 years on H1B visa (H1 to H4)

[pvenigalla]

Right now I am in the 6th year of my H1B. My visa will expire by Oct 1st 2012. I have been with the same company for more than 5 years. But now my employer is not willing to sponsor the GC. I tried to change the job but didn't work out.

I heard that no person can stay on H (H1/H4) visa for more than 6 years?? Is that true? If so do I have to go out of country to be back on H4 visa?? Also after I change my visa from H1 to H4 when will I be eligible to apply for H1 again??

I am also considering Master's program. If I get I-20 from an university and get F1 visa stamped in India, will I be eligible to apply for H1 again after completion of my program.

Thanks in advance!!

[JoeF]

The time on H4 is decoupled from the time on H1. So, if your spouse is on H1 and hasn't used all the 6 years on H1, you could change to H4.

You could also change to F1. But to get an H1 after that, you will need to stay abroad for one year. There is no way around that requirement.