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Lay off after filing for LC
- Thread starter phoenix_s
- Start date
It doesn't get withdrawn automatically - only if they actively do that. Note: if they withdraw H-1B (which they have to) it doesn't mean that GC is automatically withdrawn.
If you have an approved or pending LC you can use it for further extensions (although there may be a new rule released soon that requires LCs to be used within 45 days of certification).
Depending where you are with GC you may also be able to use AC-21 - but that's after I-485 has been pending >180 days. I am taking you are not there yet since the question was mainly about LCs.
If you have an approved or pending LC you can use it for further extensions (although there may be a new rule released soon that requires LCs to be used within 45 days of certification).
Depending where you are with GC you may also be able to use AC-21 - but that's after I-485 has been pending >180 days. I am taking you are not there yet since the question was mainly about LCs.
phoenix_s said:Hi,
What happens if a company lays off an employee after filing for their green card? Does the application get withdrawn autoatically? What if the Labor was already approved?
Thanks.
Thanks for the reply. So then although it doesn't get withdrawn, what importance does an approved LC have if the employee got laid off from the company that applied for it?
If I get a new job...I will have to restart the whole labor process again too, right? As in refile for a GC.
If I get a new job...I will have to restart the whole labor process again too, right? As in refile for a GC.
If you get laid off before your 140 is approved it is as good as not starting green card processing. You have to do all LC processing with new employer again. But if you were laid after 140 is approved and while waiting for 485 fiing or approval you can keep you Priority Date when doing LC processing with your new company.
BUt, if you think that the company that layed off you will re-hire in the next few years then you can go back to them and use that LC and file I140 and 485 respectively based dates avaialability. But if you know that company will not call you back in the near future you should start processing with new employer. As long as the employer is different multiple Labor processing are fine.
BUt, if you think that the company that layed off you will re-hire in the next few years then you can go back to them and use that LC and file I140 and 485 respectively based dates avaialability. But if you know that company will not call you back in the near future you should start processing with new employer. As long as the employer is different multiple Labor processing are fine.
phoenix_s said:Thanks for the reply. So then although it doesn't get withdrawn, what importance does an approved LC have if the employee got laid off from the company that applied for it?
If I get a new job...I will have to restart the whole labor process again too, right? As in refile for a GC.