Job lay off after I140 approved, I485 not filed??

[jnlk]

Hi,
My friend has approved I-140 and was getting ready to file for I-485 this week. However, today company laid her off with 4-6 weeks notice.

She's in her last month of 5th year of H1-B.

for AC21 , one has to have 485 pending for 180 days or more.

But since this is not the case -
1. How much time does she have before she becomes out of status ( her current H1-B is valid till next year August - but is that valid anymore after this lay off?)
2.Can she file I-485 now and then change jobs and later use AC21?
3.If no to question 2 above can she change jobs now , using h1-B transfer and still retain the priority date of the approved I-140?
3. Does the current company have to keep her I140 and not revoke it for that to happen? What happens if they do revoke it?
4. If she cannot use her approved I-140 then what will happen to her H1-B extension after her 6 years expire (provided she gets a job on new H1-B).

Please give some insight into this situation asap.

Regards,
JNLK

 

[GCStrug]

I140 PD porting

Yes. she can port priority date from the approved I 140. You need copy of the I 140 to port priority date. I benefited from porting the priority date. I am not sure about other questions though.

thanks

 

[ginnu]

Hi,
My friend has approved I-140 and was getting ready to file for I-485 this week. However, today company laid her off with 4-6 weeks notice.

She's in her last month of 5th year of H1-B.

for AC21 , one has to have 485 pending for 180 days or more.
-------------------------correct
But since this is not the case -
1. How much time does she have before she becomes out of status ( her current H1-B is valid till next year August - but is that valid anymore after this lay off?)
-----------------she should find new employer ASAP and join new employer with H1 transfer
2.Can she file I-485 now and then change jobs and later use AC21?
------------------------She can file but she will need copy of I-140 filing reciept or I-140 approval notice, let her file I-485,EAD AP (Even if the present employer does not give job offer letter)
3.If no to question 2 above can she change jobs now , using h1-B transfer and still retain the priority date of the approved I-140?
-------------------------yes
3. Does the current company have to keep her I140 and not revoke it for that to happen? What happens if they do revoke it?
-------------if she filed I-485 and pending I-140 is not revoked before her pending I-485 hits 180 days then she becomes eligible for AC21. better not to use her company lawyer to file her I-485, EAD AP
4. If she cannot use her approved I-140 then what will happen to her H1-B extension after her 6 years expire (provided she gets a job on new H1-B).
-------------when she join new employer with H1 transfer let the new employer file her LC through PERM and that can be approved in 60-70 days after they file and then they can file I-140 for her. if she filed I-485 now ( I am sure it will hit 180 days for AC21 and one can get H1 extensions based on pending I-485
Please give some insight into this situation asap.

Regards,
JNLK

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