Getting new H1B, after 6 years of H1B is over

[Koti_bodipudi]

Hi,

I am on H1B(extension I140).

 

My wife is also having H1B which is going get expired on Mar2014. She completed 6 years by then. Her employer did not file the green card. We are actually waiting for my green card dates to get current. Please advice me what should I do with my Wife legal status. Here are my options

1) Converting My wife H1B to H4 and wait for an year and apply fresh H1B

2) My wife need to go out of the country and comeback after an year?

 

According to my first option, can she be in united states on H4 for an year and move back to H1B? Is that is possible?

 

Please advice me.

 

Thanks,

Koti

[nineballs]

After 6 years on H1, you have to be out of the country for an year, before you can be filed for a new H1B. If She visits you during this one year period (for short vacation), that time will not be counted towards one year. If She leaves in Mar 2014, She can be filed for a new H1 on April 1st, 2015.

[omshiv]

1st option is not possible...2nd option, why would you want to do that?

When your PD is current she can apply for EAD

[Koti_bodipudi]

My priority date is Dec4th 2008(EB2)

 

Can you please suggest the better option here.

[tusharvk]

After 6 years on H1, you have to be out of the country for an year, before you can be filed for a new H1B. If She visits you during this one year period (for short vacation), that time will not be counted towards one year. If She leaves in Mar 2014, She can be filed for a new H1 on April 1st, 2015.

so the 6 year limit applies to h1 and h4?

she can't just go to h4 and be in the US?