Laid off with an Approved I-140 8 yrs ago

shevas

Registered Users (C)
I would really appreciate some input while I try to navigate this really difficult time. I am an Indian born Canadian citizen and was laid off from an American company after 18 year, with my last day being August 2 so my grace period of 60 days ends on October 1. The employer had filed for my PERM and I-140 was approved back in 2016 with a priority date of January 2016. The lawyers at the employer said since we’re more than 180 days out from the approved I140, it is ours to keep and we can use our old priority date.
I am looking for a new employer and am open to one who either hires me on a TN or H1 within the 60-day grace period. I have 2 questions:

1. If/when I get this new job, and let’s say the employer agrees to a H1, will this be considered a H1 transfer? Does this employer need to file PERM and 140? Is it called filing or porting? Can I get on the employers H1 and then request the employer to file/port(based on what I ned to do) the PERM and I-140?

2. If/when I get this new job, and let’s say the employer agrees to a TN, does this employer need to file PERM and 140? Is it called filing or porting? Can I get on the employers TN and then request the employer to file/port(based on what I ned to do) the PERM and I-140?
 
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