Just need to clear my mind and heart

I sent you a PM, not sure if you recvd it

 

OP,I understand how you feel as I was there.Lot of it is a mistake too here. Why didnt your husband try to file before 5 yrs of his visa were over. Its a blunder if it doesnt work.Your husband shud try to see if any consulting companies can hire him and use their pre approved labor.Usually the companies ask money for that but it has worked before. At this point that is one option you can explore. Also he can try to change his visa status to student visa if nothing works out. Good Luck.

 

OP- I am not aware how it works in industry but in non-government organizations (read university), if he files now- in his 5th year of H1B he will not be subjected for 6 year H1B limit. Ask him to set up an appointment with a good immigration lawyer. Also, if he is in software, he may want to look for a non-teaching position in a college/ university. Non-profit organizations do not come under H1b cap and can hire as many people as they need. There are always opening at least on lower level, he might have to take a salary cut but it's an option if you all want to settle in the US.
Good luck!

 

I am pretty sure you are aware of this. After a years gap a person can come back on a new H1B to US. So please don't loose hope .This is a worst case scenario.

Good luck to your Husband in his job search. Hopefully he gets a good one soon.

 

If he joins a non-profit organization he will not be subjected to the h1b quota limit but the 6 years rule still apply, op's dh should file for GC before the 6 year ends, once the GC is filed then you can renew the h1b till the GC is approved.

Has he thought about finding a job in Canada for a year then he can come back to USA after staying one year outside.

 

OP,

Since you mentioned your DH is SE , i am assuming Software Enginee. Since he has already completed his 5 years and approaching to 6t year..it's quite difficult to be hired. I had seen same scenario with one of friend and finally he had to go india. Not getting call back is not related with his intelligence or skill set...it's totally with visavalidity. Since he has only 1 year of H1, his new company will need to file GC ASAP and that too EB1, which is considered expensive option and there are some instruction too for EB1. So please explain him that it's not the intellegence issue. If you people really want to settle in USA..go to some other country (or India) for 1 year and appy again for H1.

Also, now a days most of the big companies are asking for GC or citizenship. I am also trying to switch but whatever call I am getting they are asking for GC. Heard from one of the consultant, because of immigration reform and tax issues, major companies don't want to hire H1 until unless they are in urgent need.

 

EB1 category is reserved for people with extraordinary ability, people who have made a mark in their field, mostly scientist, inventors apply through that category.

EB-1 visa - Wikipedia, the free encyclopedia

 

OP, Even taking interviews your husband needs to look for pre approved green card labor asap.All consulting companies file more than 1 labor for a person. My husband himself asked his company to file for 2 labors to speed up the process of approval. One was approved and other was on its way. The company wont let that labor just sit like that. They will use it for somebody else and make money from it. In fact our green card labor took more thank 2 yrs to clear.(backlog center).So we were exploring getting pre approved labor as green card is for a future job position. One of the 3 party companies who hired my husband for a contract position mentioned they have a pre approved labor which we can use. It will cost us 15k.Now is the time to make use of ur contacts. Ask around who work in consulting companies about this. It exists and sometimes you can luck out . Good Luck.