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Posted on 26 Aug 2010
Q.

H4 - H1B

Hello Ms. Chatham.
My wife got her H4 on 12/20/2008 and she is in the US since Jan-09. She is planning to start her residency in July next year on H-1B visa. She would be able to apply for H-1B visa in Mar-10 only.

If the hospital is not visa cap exempt, then to be able to apply, there should be visa remaining from the 2010 numbers. Right?

Also, being in the country on H4 since Jan-09, does that reduce her 6-year H-1B limit? or the 6-year H-1B period starts when she gets the visa next year?

Or she could get J1. On J1, would she be able to apply for I-485 with me as my spouse when my PD becomes current? Or, she would have to go through the J-1 3 yr waiver process?

If yes, can she apply for I-485 as my spouse during the waiver period even after I had filed I-485 by then?

User's Location: Detroit, Michigan, United States of America
Category: H1B Visa (Work Visa)
Posted on 26 Aug 2010
A.
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Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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