Kevin Keane

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Home All FAQs Working Visas H-1B and L-1 I am married to an H-1B holder and am in H-4 status myself. Now I found an H-1B employer of my own. What do I need to know?

I am married to an H-1B holder and am in H-4 status myself. Now I found an H-1B employer of my own. What do I need to know?

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This is essentially a normal H-1B case, except for two aspects: first, the six year limit counts not just time in H-1B status, but also in H-4 (as well as time in L-1 and L-2 status, and a few others). Second, you will not be entitled to a seventh year on your own H-1B if it depends on your spouse's Labor Certification. You would therefore have to apply to change to H-4, or you would have to have your employer file a Labor Certification for yourself after five years.

Also note that currently (2008), the H-1B quota has been reached on the same day it became available. That makes it extremely difficult for an H-4 to get an H-1B at all.

 

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