Switching from H4EAD to Non-profit H1B Implications

USA H1B
1

I am currently working for a non-profit organization on H4EAD, with my spouse who is waiting with a priority date of January 2016. While this wait seems hopeless, my spouse is a Canadian citizen but with birth country as India. Considering the tumultuous times we’re living in, I would love to consider switching from H4EAD to H1B to avoid my dependency on my spouse’s H1B in case of layoffs. If I switch to a non-profit H1B, does that mean I have to leave the country in 6 years? Also best case scenario will be my spouse’s priority date becoming current which the chances seem slim. Just analyzing various scenarios here. If I switch to the H1 then we have a bit more stability but the caveat is the 6 year limit? I’d love to head the implications

2

There are several options to extend stay beyond 6 years.

  1. Have your employer file PERM and get I-140 approved. You may be eligible for AC21 extensions beyond 6 years.

  2. If no I-140, switch back to H4 before your H1b sixth year expires.

  3. If you too are Canadian citizen, apply TN visa.

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