H1 6th year - No green Card process Started

[Conten]

Hi ,

 

I am in the 6th year of my h1 and havent started greencard process as my husbands GC is in process .There are chances that our GC process will move in to EAD stage next year but not this year. My 6th year ends in Oct 2014 .Can I continue or extend my H1 without starting the GC process ? Is that a possibility ? DO I have any other options to continue my h1 visa ?

 

any information on this is much appreciated.

 

Thanks.

Nyna.

[JoeF]

You would have to change to H4 when your 6 years are over. Your husband's GC process does not give you any way to extend your H1.

[Conten]

Is starting the GC process the only way to keep up the H1 ?

[JoeF]

PERM pending over a year or an I-140 filed, yes, these are the only ways to extend an H1. Again, if that's done for your spouse, it does not allow your H1 to be extended. Your employer would have to file PERM and I-140 for you, only then can your H1 be extended.

[omshiv]

Also depends, if your husband is on H1..then you can jump to H4.

[mraidni]

My wife also have same situation. Spent 6 yrs on H1 and then converted to H4 as her GC is not processed. After completing 1 Yr on H4, Can we apply for H1 being in USA? Or do we have to be outside country for 1 yr to be able to apply for H1?

 

Please suggest.

 

Sharat.

[JoeF]

My wife also have same situation. Spent 6 yrs on H1 and then converted to H4 as her GC is not processed. After completing 1 Yr on H4, Can we apply for H1 being in USA? Or do we have to be outside country for 1 yr to be able to apply for H1?

 

Please suggest.

 

Sharat.

To qualify for a new H1, she would have to be outside the US for one year.

Then an employer can file a new H1 petition under the quota for her.