9th year H1b labor Extension and Got laid off

S

sunny_singh7

New Member
Hi Gurus,

I need some desperate help with my wife's h1b situation.
My wife h1b was filed and was stuck in the labor. She was getting extensions on the yearly basis. We find out one day that her company was sold out to someone, so every single person in her department got laid off. This happened in early january. since her h1b was valid until december, we were looking for ways to transfer her H1b to another company. Unfortunately 2 weeks later the HR received the 45 days letter and she replied back with the response of applicant doesn't work here any mone. Her green card file is closed ever since then and we couldn't transher her H1b. she is staying in US on H4 from my job. I just find out from somewhere that if she stays out of the country for a year than all theose 9 years don't count and she will be able to work again assuming that some one has to file her H1b. I was wondering if you guys have heard anything like this or know someone who can help me get more details. Any help provided will be IMMENSELY appreciated.

Thanks,
Sunny
 
That is correct.. If she stays out for 1 yr. She will get back in with in quota H1B and then will get another 6 yrs.
 
sunny_singh7 said:
Hi Gurus,

I need some desperate help with my wife's h1b situation.
My wife h1b was filed and was stuck in the labor. She was getting extensions on the yearly basis. We find out one day that her company was sold out to someone, so every single person in her department got laid off. This happened in early january. since her h1b was valid until december, we were looking for ways to transfer her H1b to another company. Unfortunately 2 weeks later the HR received the 45 days letter and she replied back with the response of applicant doesn't work here any mone. Her green card file is closed ever since then and we couldn't transher her H1b. she is staying in US on H4 from my job. I just find out from somewhere that if she stays out of the country for a year than all theose 9 years don't count and she will be able to work again assuming that some one has to file her H1b. I was wondering if you guys have heard anything like this or know someone who can help me get more details. Any help provided will be IMMENSELY appreciated.

Thanks,
Sunny
Click to expand...
Have you filed your I-485?
 
No I haven't.. I am still on the first step of filing for green card. My wife is in india from the last three months even though she can stay here legally as she is on h4. Would there be a possibility or loop hole to bring my wife back on H1b if I go with the Expedite labor clearance process.
 
If you can file your I-485, she can work on EAD and start a new LC; otherwise she will have to stay abroad for a year before she can start a new 6-year H-1B.
 
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