Getting laid-off on my 6th year on H1B, Labor Cert still pending...

[farevalo]

Thank you to anyone who can give me some advice on my situation.

I have been employed with my company for almost 6 years, so I am on my second H1B which will run out in 8 months. My labor cert has not yet been approved, even though it was submitted over a year ago. I am eligible for a 7th year extension.

I would like to know:
1) If I were to get laid off, would I be able to transfer my H1B to my new company?
2) If I were to get laid off, would I be able to transfer my LC petition to my new company?
3) If I cannot get a new job, what are my options if any? How long can I stay in the country?

Thanks!!!

 

[shailu76]

Thank you to anyone who can give me some advice on my situation.

I have been employed with my company for almost 6 years, so I am on my second H1B which will run out in 8 months. My labor cert has not yet been approved, even though it was submitted over a year ago. I am eligible for a 7th year extension.

I would like to know:
1) If I were to get laid off, would I be able to transfer my H1B to my new company?
Yes you can but you have to find your new employer as soon as you can. Please know that there is no grace period for you to look for new job. Also, since you are at the end of your H1B 6 years, it may create some complications so please check with a lawyer. You also will need your current company to keep your LC so that you can get 7th year ext based on that. If they decide to revoke the LC then you can not get 7th year ext.

2) If I were to get laid off, would I be able to transfer my LC petition to my new company?
NO. You can not transfer your LC. You will have to file for new LC.

3) If I cannot get a new job, what are my options if any? How long can I stay in the country?
Options are very thin. You can not stay in this country on a legal status if you can not find a new job and get your H1B transferred quickly.

Consult with a lawyer now itself so that you can start planning. Paying $150 to a lawyer is better than having to go back because you didnt act in time.

Thanks!!!

 

[canindo]

Keep your bags packed too.

 

[compiler]

Thank you to anyone who can give me some advice on my situation.

I have been employed with my company for almost 6 years, so I am on my second H1B which will run out in 8 months. My labor cert has not yet been approved, even though it was submitted over a year ago. I am eligible for a 7th year extension.

I would like to know:
1) If I were to get laid off, would I be able to transfer my H1B to my new company?
2) If I were to get laid off, would I be able to transfer my LC petition to my new company?
3) If I cannot get a new job, what are my options if any? How long can I stay in the country?

Thanks!!!

If you do be worried about potential layoff, why don’t you try to find a new company right away?