Laid Off after Approved LC

[P3t3r]

Dear Gurus ,

My LC (EB3) was approved on Mar06 with Company AA, then i was laid off in Apr06 before I manage to file the I140. Beginning May06, I will join a new Company ZZ. My questions are:
1) can i transfer my LC to Company ZZ?
2) Company AA did not pay me the prevailing wage for several months over my 2 years tenure, i have payslip to prove. I am planning to sue Company AA for the back-wages, will this lawsuit affect my future filing of Greencard with Company ZZ or in any aspects?
3) will it be advisable for me to file another LC thru PERM with EB2 category say after 3 months with the new Company ZZ?
4) my I94 expires in 1Jul06, if Company ZZ refuse to sponsor, and considering that Company AA has notified INS of my termination in Apr06, how long do I have time before i become illegal?
5) my H1B visa in my passport has "Expiration Date" of Mar2009, if I to leave USA next month can I still come in the USA using the same visa, will the airport immigration officer find out that I was laid off and has no sponsor?

Any help or comment will be much appreciated. Thanking everyone in advance. Have a wonderful day!

 

[bigbang2001]

Dear Gurus ,

My LC (EB3) was approved on Mar06 with Company AA, then i was laid off in Apr06 before I manage to file the I140. Beginning May06, I will join a new Company ZZ. My questions are:
1) can i transfer my LC to Company ZZ?
2) Company AA did not pay me the prevailing wage for several months over my 2 years tenure, i have payslip to prove. I am planning to sue Company AA for the back-wages, will this lawsuit affect my future filing of Greencard with Company ZZ or in any aspects?
3) will it be advisable for me to file another LC thru PERM with EB2 category say after 3 months with the new Company ZZ?
4) my I94 expires in 1Jul06, if Company ZZ refuse to sponsor, and considering that Company AA has notified INS of my termination in Apr06, how long do I have time before i become illegal?
5) my H1B visa in my passport has "Expiration Date" of Mar2009, if I to leave USA next month can I still come in the USA using the same visa, will the airport immigration officer find out that I was laid off and has no sponsor?

Any help or comment will be much appreciated. Thanking everyone in advance. Have a wonderful day!

I am sorry to hear about this unfortunate event.
I am not a guru but having gone through as similar event I can give you some information.

1. You can not transfer your LC. The only way you can retain your priority date is if your I-140 was also approved with company AA
or
Company ZZ is a successor in interest

2. Can't say about law suits but it is illegal for an H1B not be paid.
If you are interested in retaining your PD use this law suit as a weapon to get I-140 filed by AA and see if it gets approved. It is possible to use it with company ZZ.

3. File PERM as soon as you join. Why wait for 3 months more.

4. technically you are illegal now. INS usually gives a grace of month ( sometimes two) but all that is undocumented. You mentioned you will join ZZ on May 06 so I assume you have already filed H1 transfer. If not do it quick and in premium processing to get everything done fast.
If ZZ refuses then you have 180 days to leave or else debarred for 3 or 10 years from entering U.S

5. You can be in serious trouble if you do what you said.
Get H1 transfer fast. If your Visa is valid till 2009 then it only allows you to enter U.S before that time but your status as H1B is tied to your sponsoring company. So you can have Visa stamped for one company and changed job to another company. This is perfectly fine.

Bottomline is get your h1 transfer filed.

 

[P3t3r]

Thx Bigbang2001 for such valuable information. As I read some of the forums with regards to the I140 and also Yates paper, do you think I can ask Company AA to continue with my I140 while working for Company ZZ, and after 180days, I transfer the I140 to Company ZZ???

Thanks a bunch to you and everyone!