Facing Layoff – 6 months left on 6th year of H1B – I140 Approved

M

myforumrid

New Member
Hi All,

I just got laid off in August 2009 from a large MNC and my last working day will be in first week of September 2009. 6th year of my H1B is ending in February, 2010. My GC was on process under the following status until the layoff happened:

Category: EB2
Priority Date: 3/3/2008
Labor (PERM) Approved on: 10/22/2008
I-140 Approved on: 1/5/2009
Change of status ((I-485) was not filed by the company as the Priority Date was not current.

I have the following questions for which I am seeking your advice:

1. What options do I have to save my GC processing?

2. I have only about 6 months left on my H1B. If a “New Employer” wants to hire me, how can they do so? Can the new employer use the old Labor Condition and approved I-140 to get H1B Transfer and 7th Year H1B Extension?

3. Or, does the “New Employer” need to file for a new Labor Condition and get new I-140 approved along with getting H1B Transfer/ 7th Year H1B Extension (before the expiration of current H1B in February, 2010)?

4. If the answer to Question 3 is “yes”, does the “New Employer” need to file for the new Labor Condition and get new I-140 approved before the “Ex-Employer” revokes the I-140 if at all they decide to do so?

5. In this regard, can I formally/legally request my “Ex-Employer” not to revoke my Approved I-140?


Please respond ASAP. Thanks in advance.
 
Hello,
I am in a similar situation and want to know what was the response to your question.
Thanks much.
 
I just read the following in an USCIS memo.

Does this mean that one can be out of status without pay stubs etc and still file for an extension provided his labor is pending or I-140 approved.

I would appreciate if some body can validate the same.

Thanks
In sections 106 and 104(c) of AC21, Congress provided exemptions to the six-year maximum period of stay rules for certain H-1B aliens who were being sponsored by employers for permanent residence and were subject to lengthy processing delays. Though both provisions of AC21 use the term “extension of stay,” eligibility for the exemptions is not restricted solely to requests for extensions of stay while in the United States. Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status. Further, in examining eligibility for the 7th year extension, USCIS will focus on whether the alien is eligible for an additional period of admission in H-1B status, rather than whether the alien is currently in H-1B status that is about to expire and seeking an extension of that status in the United States pursuant to 8 CFR 214.1(c). Note: The burden of proof rests with the petitioner and alien to establish his or her eligibility for any additional periods of stay in H-1B status beyond the six year maximum, including evidence of job requirements, alien credentials, labor condition application approval, previous H-1B
 
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