I140 Completed - Layoff announced - Options?

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FunLover2000

Registered Users (C)
My PD is 12th Dec, 2003. EB2. My I140 completed. I am into my Sixth year and already got 7th year extension, when the company which bought us aligned our H1Bs to them. So, I got 8 months remained for my 6th year and 1 year for extension as H1B. At this juncture, layoff announced. If I get laid off..

1. If I join a new company, am I going to get 1 year 8 months or just 8 months?
2. If the current company withdraws my GC petition, even then that 7th year H1B extension is valid?
3. If the new company sponsers my GC, can I get my PD?

Any other options?

Thanks for your time and valuable comments.
 
I got layed off in my 6th year. I took h1b transfer + extension based on existing labor in BEC, my h1b got approved with reemaining parrt of 6th year and 7th year together.

Maybe you will get 6th year + 3 years as your 140 is cleared. Check with a lawyer
 
Thanks Chandu

Chandu,

Thank you very much for the reply. Glad hearing eligibility of keeping the extension.

My little concern is, as part of lay off, if the company revokes I140 then may miss the extension. So best is to get H1B transfer now itself and get the 3 years extension and that company should sponser my GC.

All these days worrying about the EXTENSION coupled with Layoff tensions and ever ongoing GC roller coaster ride.
 
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That would be a good option. If u r in IT, market is good. It would actually work towards your advantage in terms of bill rates and you can file PERM and also retain ur PD.

My layoff was a surprise and I had no clue what I must do so I immediately took up a consulting job and got my h1b filed through consulting company and it worked out.

All the best
 
Find a new job. File an H-1B through that company. Then start the Green Card process with the new company. Once the PERM is approved, file a new I-140 and request the US CIS to give you the earlier priority date (one from 2003). You can retain your priority date if your I-140 has been approved.

Once the new (second I-140) is approved, your company can file an H-1B extension for 3 years if the visa is not available to you by that time.
 
GC process for future job..so..

ImmForum said:
Find a new job. File an H-1B through that company. Then start the Green Card process with the new company. Once the PERM is approved, file a new I-140 and request the US CIS to give you the earlier priority date (one from 2003). You can retain your priority date if your I-140 has been approved.

Once the new (second I-140) is approved, your company can file an H-1B extension for 3 years if the visa is not available to you by that time.
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Thanks for the reply.

Given that GC process is for future job, I "beleive" I can use already approved I-140 to get 3 years H1B Transfer-cum-"Extension". Comments?

I releived knowing that this company gives due notice for layoff..
 
Is there anyway that the company can revoke I-140 after getting 3 year extension? I mean after getting 3 year extension & change the employer.

smbaps
 
smbaps said:
Is there anyway that the company can revoke I-140 after getting 3 year extension? I mean after getting 3 year extension & change the employer.

smbaps
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As long as it is valid at the time of transfer, it would suffice. Please check with a lawyer though.
 
chanduv23 said:
As long as it is valid at the time of transfer, it would suffice. Please check with a lawyer though.
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Getting extension gives an option to stay in USA! But failure to retain the PD will put into endless cycles of waiting for GC...
 
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