Laid off with I-140 approval - options

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chitta123

New Member
I am in a lot of stress. Please help out if possible.

Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, can B extend my H1B based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

My lawyer is saying that B can't extend my H1B based on I-140 with A. And A can't extend it as the earliest it can file for the extension is six months before expiry and that is in October. He is saying that my only option is to find another job within A if possible. Otherwise, it is back to India.

He told me that if I file for extension thru company B based on I-140 approved with A, INS will issue an RFE asking for proof that A has an intention to hire you back.

Is he right? What are my options?

Please reply if you or someone you know has gone through a similar situation.

I will be grateful for any suggestions.
 
That is possible. Many people thought they can do post 6 years H-1B transfer with a different company’s LC or I-140 without problems. It is true if your old company is willing to respond to the USCIS they will hire you back or there is no RFE issued. So, be prepared well in advance if you are going for doing so.
 
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chitta123 said:
I am in a lot of stress. Please help out if possible.

First do yourself a favor and get in touch in knowledgeable immigration attorney.Your lawyer is idiot and ignorant

With I140 approval you not only get 3 year extension but you also preserve your priority date.This is all subjected to following conditions
1) You find a new job with any employer
2) Your former employer doesnt withdraw the application.Make sure to get a a copy of your I-140 approval

Best of Luck
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Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, can B extend my H1B based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

My lawyer is saying that B can't extend my H1B based on I-140 with A. And A can't extend it as the earliest it can file for the extension is six months before expiry and that is in October. He is saying that my only option is to find another job within A if possible. Otherwise, it is back to India.

He told me that if I file for extension thru company B based on I-140 approved with A, INS will issue an RFE asking for proof that A has an intention to hire you back.

Is he right? What are my options?

Please reply if you or someone you know has gone through a similar situation.

I will be grateful for any suggestions.
Click to expand...
 

I'm in a similar situation. My I-140 is approved and my I-485 has been pending for more than 6 months (Name check, what else) with company A. I've switched employment to company B. I have a valid EAD but company B is good enough to sponsor the H1B transfer, just in case something happens in the I-485 process.

My attorney told me that:
1. The H1B can be extended (regardless of the approved I-140) for 1 year, since my I-485 is pending for over 6 months. It would have been extended for 3 years if my I-485 was less than 6 months. Does this make sense?
2. I can change employment to the same field (company B), and my employer can do NOTHING to the I-140 because the I-485 deriving from it has been pending for more than 6 months. The attorney says there is no need to file the AC21 letter, which is informative only (but I'm thinking of filing it regardless). Again, does this make sense?

Any educated advice would be highly appreciated.

Thanks

Shaq
 
1) I have seen an I-485 pending case (more than 6 months) got post 6 years H-1B extension in 3 years increment because the beneficiary is subject to the visa number retrogression. You can tell your attorney what you read and see how he will reply to you.
2) Your attorney said correctly though you can notify the USCIS about a change of job. However, I go with your attorney. Is the attorney the same one to take your case before and after you changed job by the way?
 
immiq said:
1) I have seen an I-485 pending case (more than 6 months) got post 6 years H-1B extension in 3 years increment because the beneficiary is subject to the visa number retrogression. You can tell your attorney what you read and see how he will reply to you.
2) Your attorney said correctly though you can notify the USCIS about a change of job. However, I go with your attorney. Is the attorney the same one to take your case before and after you changed job by the way?
Click to expand...

Thanks for the feedback.
I just switched to company B's attorney for the H1 extension (and potential WOM) because they only work with him. I'm still in touch with the previous attorney, and she's not 100% sure about it (the ability of Company A to pull the approved I-140....). See why I'm a little nervous?

Thanks!
 
You must ensure that all the files/documents will be transferred to your new attorney as well as the USCIS to be notified. Your new attorney should know the transfer procedure.
 
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