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Immigration Issues/H Visa limit for 6 years

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Question
Hi,

My wife was on H1B visa for more than 6 years (she dropped out of the green card process and switched to F1). But I have still 1 year left on H1B. We both switched to F visa and we are getting into the Green card process through our employer. Our lawyer said I will initially be on the leftover H1B period during the labor certification.  In this case, will my wife get a H4 visa considering the fact that she has already spent more than 6 years on the H1B? Or she needs to leave the country for 1 year?

Answer
Hi,

The general rule is that an individual can spend 6 years in H1B status plus 6 years in H4 staus. Thus, your wife will be eligible for a full 6 years in H4 status, even though she has already spent 6 years in H1B status. She will not be required to depart the U.S. for one year.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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