layoff and 6-year expiration

A

atl01

Registered Users (C)
Let us assume that the Bill will pass and with a 365-Day + pending LC case, we all can get the 7th year extension.

Supposedly, I get layoff in the 5.5th year of H1B, I learned that H status is a combination of H1 plus H4. Then the first step is to obtain a H4 status until reaching the 6-yr maximum.

Beyond 6-year limit, which status shall I obtain? Can I remain as H4? The answer seems to be no, since 6-year max has been reached. (see murthy chat transcript dated 9/30/02, under "arianne"). Do I have to change to a non-immigrant visa such as F1 or B2 so that I can stay here to look for jobs?

Once new employment is secured, can I file for the 7th year extension to work for the new employer since I do have a LC filed 365-D prior to 6-yr max?
 
Since there are huge backlog of the LC by State and DOL, the current law that might be signed states that the labor should be applied before the expiry of the 6th yr term of H1.

If u are laid off say during December and ur VISA is vailid till June of 2003, even if u apply for a new H1 u need to file for a new LC and it will be less than 365 days.

Iam sorry to give u negative opinion this is what I thought, and it would be great if u can consult ur attornet regarding this matter.:confused:
 
Re

Maybe I did not make myself clear. I already have one LC filed, which is 3 years prior to the 6-yr max. of H status.

My questions are:
(1) if I get laid off, which status shall I maintain? I could first change to H4. Then beyond 6-year of combined H1 and H4, do I have to change to non-immigration status such as F1 or B2. I want to stay here to look for a job.

(2) After I find a new job, can I file for the 7th-year extension of H1B to work for the new employer, based on the LC filing 365-day prior to the 6-year term with the previous employer?

I understand that I have to start all over from the very beginning for the Green Card with the new employer.
 
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