Just my luck ... losing it all once again!

[Aztek]

I’ve been on H-1 since ages – 10 years to be exact. My latest H-1 (to be expired in Oct 2010) was obtained based on an approved I-140 (EB 3) with P.D of August 2006. Now due to current economic situation, my employer – a tech consulting/placement company (A) may have to shut down. To save our H-1 status, they’re making arrangements to transfer my H1 and that of two other working consultant to another placement company (B). I stand to lose my green card process of up to now. But my immediate concern is to maintain & get another H-1 extension next year.

What I want to confirm is that the company’s immig attorneys are telling me that based on approved I-140, other company will be able to able to get me another H-1 extension. Is that true? Can company B use the I-140 of company A & obtain H-1 extension even though I won't be on company A's payroll in Oct 2010?

I don’t want to get screwed from both sides – so want to make sure that what they’re telling me is really a viable option. Would really appreciate your knowledgeable & expert opinions. Thanks

 

[GotPR?]

What I want to confirm is that the company’s immig attorneys are telling me that based on approved I-140, other company will be able to able to get me another H-1 extension. Is that true? Can company B use the I-140 of company A & obtain H-1 extension even though I won't be on company A's payroll in Oct 2010?

Prolly it's true based on the USCIS memo, however, there is another memo saying cancelled or substituted LC cannot be used for H1 extension as well.
So, my guess is if you transfer before I-140 gets void due to company shutdown, I guess it's OK. If you transfer after shut down, I don't know.

 

[chan75]

I140 approved got 7 yr extension

Hi,

I have a question.

I completed my 6 yrs period in last Nov 2008.
My H1B is extended three months back for 3 more yrs based on the I-140 approval and my PD is sep 2007.

But my current company started layoffs.

If I loose my job in this current situation,

Can I stay in US and look for a different employer who can sponsor my H1B?

Will the 3 yrs H1B is still valid even though the company laid off?

What will happen to my current approved I-140 from my current company?


Please post you answers.

Thanks in Advance

 

[Aztek]

Prolly it's true based on the USCIS memo, however, there is another memo saying cancelled or substituted LC cannot be used for H1 extension as well.
So, my guess is if you transfer before I-140 gets void due to company shutdown, I guess it's OK. If you transfer after shut down, I don't know.

GotPR - thanks for your input. Company A is saying that if they survive, they won't cancel or withdraw the I-140 so that I company B can use it at that time to get me an extension.

 

[GotPR?]

Can I stay in US and look for a different employer who can sponsor my H1B?

Will the 3 yrs H1B is still valid even though the company laid off?

What will happen to my current approved I-140 from my current company?

I don't think that 3 years you got from company A is valid to company B. All the H1 is new petition which means that H1 petition from company A has nothing to do with that from company B. So, basically, the next company has to file H1 for 3 years on their own, not for the fact that you already had 3 years H1.
Unless I-140 got cancelled, technically you should be able to get 3 years with a new employer.