Legal Question in Immigration Law in Virginia
Wife H4 - H1
I am on an H1 that expires this year, applied for GC, labor not approved yet (over 3 years!), and have applied for 7th year extension. Can my wife apply for an H1, and if so, for what duration? She's completing her 5th year as an H4. Does the 7th year extension apply to her H1 too?
3 Answers from Attorneys
Re: Wife H4 - H1
Yes, she can apply for an H-1. No, the 7th year extension will not apply to her H-1 unless she files her own GC. You should consider refiling your GC application under the new PERM process which is faster than the old method.
Re: Wife H4 - H1
She can apply for an H-1 but she is still subject to a maximum of 6 years in H status. Which makes it appear as if she can only work for one year. If she is dependent on your 7th year extension to remain in the US then she may only remain as an H-4 unless she has her own labor certification pending which would entitle her to her own 7th year extension in H-1 status.
Re: Wife H4 - H1
She may apply for her own H-1B visa if she meets the specialty occupation worker requirements such a minimum of a Bachelors degree.
The limit for a person on any type of H status, however, is 6 years so that includes time she has spent as an H-4 spouse.
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