Consular Processing

[itutr]

I would appreciate if anyone contributes his/her ideas and/or knowledge about my 2-part question:

Q1. What happens if you get laid off after NVS sent your case to the US Consulate and waiting for your interview date? Do you have to start your GC process all over again with another company or is there anything that can be done to save any time that you have spent on your previous GC process?

Q2. Can you take Leave of Absence under FMLA (Family and Medical Leave Act) while you are working on H-1B visa? As you may know, you don't get paid under this act. And how does this effect your GC process, especially at the interview?

 

[StillAtSea]

I remember reading somewhere that you can transfer your labour certification if the new employer has a similar position that is vacant. But they have to file I-140 again. Check with your attorney.
Otherwise, you have to start all over again.

At the time of the interview, the position still has to exist and the employer must be prepared, once the IV has been granted, to employ you at the terms stated in the petition. If these conditions do not hold (regardless of how it is represented, FMLA or otherwise,) then you cannot claim eligibility for employment-based GC.

Sorry about that. Good luck.