Laid-off when approaching 6th year in H1B

A

ambi111

New Member
I have a difficult story with my H1B visa and I hope that you will provide me with a solution!

My second term (6 years) of H1B visa is expiring in June 2008. My current (past) company in USA has laid me off in October 2007, so I've returned to India immediately (within 2 days in Oct 2007). I'm currently in India and want to return to USA and look for job opportunities.

Can I return to USA in H4 visa (my wife has H1B visa) and look for job opportunity and change to H1B visa once I get a job?

My employer in USA has applied for labor through PERM and it was approved last year (August). I was laid off when my I-140 was under process. Is it possible for me to extend my H1B visa after June 2008, if I find an employer, based on my approved labor with my previous employer? If yes, for how many years? Can I maintain the same priority date with my previous PERM application?
 
Hello,

I am really sorry to hear about your situation. Unfortunately you do not have much options left because from what i recall, Labor applied is for that employer and you cannot use that for another employer but it works the other way i.e. if the employer wants to persue same Loabor for someone else then he can do that.

Regarding extension after six years, i think you can get one year extension but in order to utilize that your 140 should have been approved or something... But again, it would be better you consult some expert in regards to your case.

I am sure it may not sound encouraging, but if you stay one year in India then your H1 starts fresh again without binding of any 6 year limit.

Regards,
 
Hi dineshgk,

I've checked with 3 lawyers, and all of them have adviced me to transfer my H1B to a new employer and I can extend my H1B for one year as I have approved labor with my ex-employer.

Please post your opinion or suggestions only if you know clearly about a situation. Please don't misguide people.
 
ambi111 - I think what the lawyers suggested can be done. Eventhough you cannot use that priority date since your 140 is not approved, but you can go for 1 year extension based on labor filed 365 days before.
Did u do that finally?
keep posted
 
Hi,

I am in somewhat similar situation. My 6 year H1 is going to expire in March 2009, and there are talks of possible job cuts at my current employer.

My LC & I140 have been approved and my priority date is Dec 2006.
1) My current employer has applied for 3 year extension, but the extension processing is still pending.
2) Can I transfer my H1B to a new employer and use this approved I140 to apply for 3 year extension?
3) I might or might not be affected by the job cuts at my current employer. So can I still work at my current employer till that is known. I mean never use the H1B at the new employer, never be on the new employer payroll but just have that as a backup so that I don't have to worry about my current employer cancelling the I140 after lay off?

Thanks
 
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