6th year H1B, perm pending, Laid off


New Member

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.


Registered Users (C)
Srisat, your case has become extremely complicated and you need an attorney to make final decision.

You see, the employer based green card is for an employment in the future after you have been approved. So basically your company has said that they will not hire you after your GC is approved since they just laid you off and eliminated the department. I think your PERM approval is useless at this point unless another firm sponsors you for green card (not H1, which would also be difficult considering that you don't have much time left).

Your best option is to leave the US immediately. After all you want to immigrate here and do not want to be in unlawful status which would make it impossible to adjust your status to green card. Then get H4 to join your husband and wait for him to get his green card. This will take some time and you might be able to use that to raise your newborn. If you have never lived without status (and that is why I suggest you leave immediately) you will be able to get a GC through your husband.

If you have a genuine medical case that you can not travel now, you may request a visa extension right away. However, in case it is denied, you will be in this unfortunate situation that you are about to give birth or have just given birth and now must depart immediately.