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H1B layoff options

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  • H1B layoff options

    Hi my husband is on H1B and I am on H4. If my husband's company lays him off, what options do we have to stay legally in the country until he finds another employer who sponsors H1B. Also, if you can briefly give the procedure details and whether getting back to H1 is subject to cap or not , that will be very helpful.
    Thanks a lot.

  • #2
    H1 transfer is required before lay-off. Else your stay in US is illegal.

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    • #3
      He is already CAP counted. If he hasn't completed all 6 years on his H1B, then he can use the same CAP and transfer his H1B to a different company.

      Originally posted by tanikella01 View Post
      Also, if you can briefly give the procedure details and whether getting back to H1 is subject to cap or not , that will be very helpful.
      Thanks a lot.
      Not a legal advice. Use of this information is strictly at your own risk.

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