6th year H1B, perm pending, Laid off

srisat

New Member
Hello

I am in my 6th year of H1B (started first H1 in Oct 2008) and haven't traveled outside US since then (no time to recapture).
my 6th year H1B expires by Oct 1 2014 (this year).

My employer has already filed a PERM application in my 5th year (AUG 2013). But as of today, it's still pending, expecting to be approved hopefully in next 4 months (MAY 2014).

Unfortunately my manager has informed yesterday that my group is being laid off entirely because of re-structuring.

Additional Info:
My husband is also in H1B, he has approved PERM and I-140 and H1B extension till Feb 2016


What are my options to ensure continued employment in US on H1B ? as my group is now laid off?

My current employer has mentioned that they are willing to help. Can they file an I-140 after the perm approval? even though I wont be on their pay roll any more? (no paystubs after layoff)

Can I use the Perm approval (after it gets approved from current employer) and transfer to another employer? will I get one year (7th year) H1B extension.

Even If I transfer and start PERM with new employer, my 6th year H1B will expire by Oct 2014, I dont think I will get my PERM approval by then. Can I go to H4 and wait until PERM gets approved and then get back on to H1


Can I move to H4 status right away and meanwhile get PERM/I-140 approved with a new employer and then get back to H1 ?


I cannot travel outside for any recapture as I am pregnant (6th month now)


Appreciate your responses.
 
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