phx123 Posted April 12, 2012 Report Share Posted April 12, 2012 Hi, My situation - I am on H1 beyond 6 years with approved I-140 (AC21). My wife was on L1B for 5 years and then moved to H4. Can she apply for a new H1 and work for 1 year or her H4 stay also counted towards the 6 years calculation for H1? We were out of country for 6 months during last 6 years. But she has completed more than 6 years including L1B (5 years) and H4 (1+ year). Also any updates on EAD for H4 (AC21)? Thanks in advance! Link to comment
kalyan_ac Posted April 12, 2012 Report Share Posted April 12, 2012 Time on H4 does not count for the period of 6 years. Link to comment
JoeF Posted April 12, 2012 Report Share Posted April 12, 2012 Time on H4 is not counted towards the 6 years on H1. Link to comment
phx123 Posted April 18, 2012 Author Report Share Posted April 18, 2012 Thank you for the response. Is there any guidance on how this 6 years are calculated? If somebody stays on H4 for 1 year after 5 years on L1B, can he/she get a new H1B for 3 years? Link to comment
JoeF Posted April 18, 2012 Report Share Posted April 18, 2012 Thank you for the response. Is there any guidance on how this 6 years are calculated? If somebody stays on H4 for 1 year after 5 years on L1B, can he/she get a new H1B for 3 years? The person would only get one year on H1. To get a full 6 years, the person would have to be abroad for a year. Link to comment
kalyan_ac Posted April 18, 2012 Report Share Posted April 18, 2012 The dates on the I94 (all of them) should tell you the 6 year period. No, they can get only 1 year. They have to be out of states for 1 year to be eligible for fresh quota. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.