6th Year Layoff

K

kumarmandla

Registered Users (C)
I got layoff notice. My Labour is filled 2 years back. My H1 Age is 5 years 3 months.
My employer is also going to cancel my H1.

Can I eligible for 7th year extension with new employer. Would somebody please guide me?

Kind Regards
Kumar
 
kumarmandla said:
I got layoff notice. My Labour is filled 2 years back. My H1 Age is 5 years 3 months.
My employer is also going to cancel my H1.

Can I eligible for 7th year extension with new employer. Would somebody please guide me?

If your employer is going to cancell your H1 , he is also going to withdraw the labor certification too. If it is so, you have no chance to get 7th year extended.
Kind Regards
Kumar
Click to expand...
 
My suggestion is

a. Request the employer to keep the H1 say for the next 3 - 6 months
b. Immediately get another sponsor for H1B
c. Get the new sponsor to apply for PERM in the next three months

Hopefully you will get the PERM cleared in a month and then immediately apply I-140. Leave US when your 6 year expires, if you do not have anything to recapture, otherwise, apply for recapture of your abense. If recapture makes you eligible for 1 year H1 extesnion (i.e. if by then your PERM is a year old), you apply for H1B extension for one year based on pending I-140 or PERM if not yet approved. Otherwise comeback to US after a year to the same sponsor and continue the rest of 140/CP/485 whatever..

A tight rope walk but you can do it with a good sponsor and courage.

In anycase, grow long nails, you need them to hangin there as also to have a nail biting finish!

Great_guru, pl comment on my suggestion and help this guy.


Best of Luck,

Hanuman
 
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