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Immigration Issues/6 year limit and new rule

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Question
Hi Ajay.
I have applied for GC from NJ in June 2002 and i am still in the Labour clearence stage. I have heard the news that a person can extend the H1 on a yearly basic, if he/she applied for GC and it passed 180 days. Will that be applicable for my wife, If she is on her own H1?. Does she  need to be in her GC processing to get 1 year extention?.

Please advice.
Thanks and Regerds
Mihir.


Answer
Hi Mihir,

You can extend your H-1B beyond six years since your labor cert. has been filed at least one year ago. However, the same would not apply to your wife. Therefore, your wife would be unable to extend H-1B status beyond six years (unless she has her own labor cert. application which has been pending for at least one year at the time that her six years in H-1B status are reached.).

Your wife can file an application to change status to H-4 before her six years in H-1B status are over, and she will be issued H-4 status in one year increments which parallel your H-1B extensions. H-4 status does not allow for employment for your wife, but I am sure that you know that.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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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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