> 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