Question: My wife got here on H-1B in 2011 quota and she started working on that from April 2012 and remained on H-1B for around 3 years. She is on H-4 EAD now, so I want to know if she gets 3 years extension on H-4 EAD not until 2021. Then will she be able to use her left over H-1B around that time. Her employer is ready to start her existing H-1B but wanted to know if we can delay that a little bit.
Answer: Your wife can still have the ability to use her remaining H-1B period, at this time or a bit later. A straight reading of this allowance terminates six years from being selected in the lottery. However, USCIS on a discretionary basis has the ability to allow a person to use the remaining years up until 6 years from the time they left the H-1B.