Popcorn

    > Me and my husband(Both on H1-B) both applied for labor(RIR - VIRGINIA -
    > ON EB2) in july 2002. My husband has his 6th year ending by Apr 2004.I
    > have my 6th year ending by Jul 04. I think under the new rule we could
    > get 7th year extension because we filed for labor 365 days before.
    > 1. What happens if the labor gets rejected for both of us??? After the
    > 6th year ends should we go back?? or Can we reapply??

REPLY FROM INGO:
You should be able to reapply. Just be aware that before you renew your
H-1B for the seventh or subsequent years, the new LC would have to already
be pending. But as long as the first one was filed at least a year before
the six years were up, you should be fine.

    > 2. What happens if for example my husband gets a layoff, can he become
    > my H4 or Can he find another H1 job and work until his 6th year ends.

Either way should be fine.

    > I suppose in that case he wont be eligible for 7th year extension.

Reply from INGO: He should be able to get a seventh-year extension based on
your LC

Do you mean the seventh year extension for his H1-B or for H4.??? Suppose if
he is on H4 and
his 6 years is over, and if he gets a job ( After that 6 years ) will that
be under H1 OR He can not even work on H1-B if his
6 years is over??

Thanks for your reply

Anu