Got laid off right before I-485, what options do I have?

[swidjaja]

Hi, my H1B visa has only 6 months left (after 5 1/2 years), and I just got my I-140 approved 2 weeks ago. Three days ago I got laid off. What kind of options do I have?
If I can convince my ex-employer to extend me in the payroll without pay, can I file for I-485 right away? Would this help me?

 

[Jim Mills]

You now have no permanent job available from your sponsoring employer

Unless the employer is willing to state that they will rehire you when the GC is approved you will need to start all over again. You don\'t have enough time (probably) to get an approved LC (although that will depend on the state of filing). First step is to find another job and do an H-1 so you remain in legal status.

It\'s a tricky situation but it may be possible to salvage if you get another job right away and start a new GC.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702

 

[smaripally]

Hi

I have a question for this situation,
if the I485 aplication is started & got laid off can you extend the H1 visa beyond 6 yrs with the old EAD.
please advice as I am going to be in the same situation(my company is showing signs of going out of bussiness) and I am waiting for my I 140 approval(applied 6 weeks back).

Hope you will get the strings straight with new job, good luck.

Sreedhar.M