Laid-off when approaching 6th year in H1B

[kanushah]

Hi,

Hi, my 6 year H1 is going to expire in March 2009, and there are talks of possible job cuts at my current employer.

My LC & I140 have been approved and my priority date is Dec 2006.
1) My current employer has applied for 3 year extension, but the extension processing is still pending.
2) Can I transfer my H1B to a new employer and use this approved I140 to apply for 3 year extension?
3) I might or might not be affected by the job cuts at my current employer. So can I still work at my current employer till that is known. I mean never use the H1B at the new employer, never be on the new employer payroll but just have that as a backup so that I don't have to worry about my current employer canceling the I140 after lay off?

Thanks

 

[velchuri]

I'm in similar situation but only difference is, being outsourced. What I learned from various Immigration forums is that H1B can be portable on to a new employer. However, GC has to start over again. Also learned that it is possible to retain PD that comes from previous I-140.

hope this helps.

 

[junk2k6]

Hi,

Hi, my 6 year H1 is going to expire in March 2009, and there are talks of possible job cuts at my current employer.

My LC & I140 have been approved and my priority date is Dec 2006.
1) My current employer has applied for 3 year extension, but the extension processing is still pending.
2) Can I transfer my H1B to a new employer and use this approved I140 to apply for 3 year extension?
3) I might or might not be affected by the job cuts at my current employer. So can I still work at my current employer till that is known. I mean never use the H1B at the new employer, never be on the new employer payroll but just have that as a backup so that I don't have to worry about my current employer canceling the I140 after lay off?

Thanks

Once the I-140 is approved for more than six months, your employer won't be able to cancel it. Your H1 visa doe snot have any connection to I-140 anyway. New employer will be able to issue a new H1 (H1 transfer is an oxymoron) without any problem (I assume you have pending GC application). Once you get a new H1, just invoke AC21 so to make sure your GC application runs thru smoothly. Your PD will remain the same, by the way.