Does H-1B status start from date of Valid Visa or the date we enter USA?

[srivass23]

I have a question regarding the eligibility of H4 EAD application rule.

As per the rule, which states that :

 

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

 

Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status."

 

Question: Does the H-1B status start from the date of valid H-1B visa or the date we land in the United States? Our H-1B has been extended beyond the 6 year limit, however we have been in the United States for 5 years on H-1B Visa. (which means we had the visa 1 year before we landed in USA) Please help.

 

Many Thanks

[satya2k1]

Hi Sri,

 

My understanding in layman terms... Status is for people not for a piece of paper... You will NOT have any "status" in the USA if you are staying in India or other country with a valid H1B visa,, Because you are NOT physically in USA!!!  Right???  H1B visa in your passport is just like a gatepass to enter the USA... Your actual "H1B status" in the USA starts from the day you started working for the employer. 

[JoeF]

You have a status by definition only while physically in the US.

A visa is an entry document. You use a particular visa (like an H1 visa) to enter the country into a particular status (like H1 status.)

[srivass23]

Thank you for your responses. I thought so too. Logically speaking, visa status is valid from the date of entry. 

As per the new rule which states that if your H1B has been extended beyond the 6 year limit, then you are eligible to apply for H4 EAD. In our case, the H1B has been extended till 7th year, however we will complete 6 years in the country by the end of this year. 

Was just being a bit too hopeful to apply for the H4 EAD. :) Thanks for clarifying.