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.
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.