I just got in an unbilivable situation. I'm waiting day by day to receive a NOF for wage match and I was planning how to ask my employer for a 4-5 k raise to match the PW. Last friday I found out that things are not going so well and I might be layed off really soon. MY H1B expires on August 2008. MY PD is May 2004 which as per visa bulletin I'll need all this time to wait for my PD to come.
>>What are my options if I get laid off temporarily or even worst permanently or even if my company goes out of business.
-- It depends on where are you on your H1B term. If post 6-year, then we have a real issue. If within that, you should look for a job NOW, and switch.
>>Can I file again PERM with an other company and can I go from E3 to E2 by using my Master degree and my prior experience and the experience I occured with my present employer?
-- Under 6 years, yes, you absolutely can. Over 6-years, again that is going to be tough.
>> Can I take this current Labor application with the new employer so I do not lose my PD?
-- No, you cannot.
>> If I get laid off only for 3-4 months and reemployed again what does it mean for my status? Does this create any problem for me?
-- As far as I know of law - you cannot be unemployed in this country on an H1B for 3-4 months. Your stay is directly dependent upon your H1B - which in effect is your company's sponsorship. If you get laid off and don't have a job - you should be planning to head out ASAP. If you get laid off, god forbid, and do not have a new job and continue to live here unemployed without a sponsorship - you will be "out of status". That will have subsequent impact on your permanent residency. Think about your options clearly. I recommend that if you are post 6-years, please consult a lawyer NOW!
I wish I could you happy answers and hope that I am wrong... but then it would be wishful thinking.
Good Luck!!!
My kids came here very young and they do speak only English and they are becaming star of the school almost every month. My spouse left a very good and high paying job in the old country. I did as well. We sold our home and everything we owned there and bought everything here from the begining. It has been very hard making it here in one paycheck only and if it was not for our kids we would be back in a heart bit. But after four years building our life here brick after brick, what in the god's name can we do now?!
-- Prayers have strength, sometimes. I will do for you.
Any help or sugestions will be deeply appreciated. Thank you a bunch.