Immigration Issues/H1 to H4 to H1

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Question
Hi Ajay

I am about to complete 6 continuous years (4 years on L1B and 2 years on H1B). My wife was with me through out this period on L2 and later on H4.

1) Can she apply for H1B ?
2) Can I go on H4 once I complete 6 years provided my wife has approved H1 before my H1B expiry?
3) Can I again apply for H1B once I have completed 1 year on H4?

Appreciate your answer in advance. Thank You

Answer
Hi,

Yes, your wife can obtain H1B status for a period of six years. The time spent in L2/H4 will not count; thus, she will have a full six years in H1B status.

You can change status to H4, for a maximum period of 6 years in H4 status, provided that your wife has H1B status.

You will not be able to change again from H4 to H1B, as you will already have completed 6 years in H1B status. The solution is to depart the U.S. for one year, and then the six year clock will reset.

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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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