Laid off/H1b/I140 approved

[ethics4]

Hi everyone,

I'm with a big firm and and will be laid off in July. My 6th year H1 will expire on Dec 31, 2009. But my LC & I-140 are already approved thru my current employer. I did not file my I-485 due to the non-availability of priority dates.

My questions are:
1) Can I transfer my H1b to another employer and still get a 3 year approval based on my I140 approval?
2) Can I retain my priority dates once file LC/140 again with my new employer?
3) Can my current employer revoke my 140? If so, does it adversely impact my H1b or retaining my PD with my new employer?
4) Do I need to have a copy of my 140 approval for H1b transfer & 3 year extension?
5) If I can't get a copy of 140 then what will be my options? go back to my country?

Your replies are greatly appreciated.

Thanks!!

 

[EricS]

To best of my knowledge, see the answers in-line.

Hi everyone,

I'm with a big firm and and will be laid off in July. My 6th year H1 will expire on Dec 31, 2009. But my LC & I-140 are already approved thru my current employer. I did not file my I-485 due to the non-availability of priority dates.

My questions are:
1) Can I transfer my H1b to another employer and still get a 3 year approval based on my I140 approval?
----- Yes

2) Can I retain my priority dates once file LC/140 again with my new employer?
------Yes, conditions are that the 140 should not be revoked. If they are laying you off, they may be eliminating the job that they sponsored you for. So they may withdraw/revoke 140.

3) Can my current employer revoke my 140? If so, does it adversely impact my H1b or retaining my PD with my new employer?
------- Yes, they can revoke. IMO, you can extend H1 even without 140 approval if your LC was filed more than 365 days prior to your filing for 7th year extension. Regarding PD, if 140 is revked, you cannot retain it.


4) Do I need to have a copy of my 140 approval for H1b transfer & 3 year extension?
----- Not sure, but that is how you show USCIS that a 140 was approved for you. There may be other ways, but having a copy is "almost" required.

5) If I can't get a copy of 140 then what will be my options? go back to my country?
----- No, Option 1> extend based on Lc filing. Option 2> Transfer H1 or even before that file a new LC with new employer. Once it gets approved, file 140. Hopefully these 2 steps will not take more than 11 months. Then you can extend your H1 for 7th year based on that new 140. If PD becomes current then file 485/EAd/AP. Option 3> Not sure about this one. Try using the same lawyer that represent your current employer. The 140 belongs to the curent employer and they should not share the details with you, but they may be willing to provide some documentation to USCIS to support your H1 ext.

Your replies are greatly appreciated.

Thanks!!

Best of Luck!