Layoff, can I file for my Labor

U

unixprof

New Member
Hello Gurus,

I am in the 5th year of my H1 and will enter my sixth year on OCT 31 of this year. Here is my situation on filing my green card

1) My company is a public company with some 1300+ employees.
2) They recently did some layoff (only a few, 2-3 in the application dev. group and 1-2 in the HR).
3) The layoffs were not announced.
4) I am working as a principal Unix administrator, my skills are totally different from the people who were laid off.

Looking at the above situation, can someone please advise me on the following questions.

Q1) Will the layoffs affect my labor application..??
Q2) Can my company file for my application without waiting for another 6 months. ( If my company says that they have to wait for 6 months to file for new applications because of the layoffs, then I dont have a chance of staying here as I will already be in my sixth year of H1 after 6 months)

Thanks in advance for your time.
 
unixprof said:
Hello Gurus,

I am in the 5th year of my H1 and will enter my sixth year on OCT 31 of this year. Here is my situation on filing my green card

1) My company is a public company with some 1300+ employees.
2) They recently did some layoff (only a few, 2-3 in the application dev. group and 1-2 in the HR).
3) The layoffs were not announced.
4) I am working as a principal Unix administrator, my skills are totally different from the people who were laid off.

Looking at the above situation, can someone please advise me on the following questions.

Q1) Will the layoffs affect my labor application..??
Q2) Can my company file for my application without waiting for another 6 months. ( If my company says that they have to wait for 6 months to file for new applications because of the layoffs, then I dont have a chance of staying here as I will already be in my sixth year of H1 after 6 months)

Thanks in advance for your time.
Click to expand...

My friend, you are in tight spot. You need to start your PERM application before Oct 31 if you wish to get seventh year extension for H1. And PERM requires atleast 2 months of advertising effort from the employer. Get on it and start the application right away.

If your company has good lawyers, there is nothing to worry about.Go ahead but move fast.
 
Hello Rajiv,

Thanks for your reply, yes I am aware that I am in a tight spot and I am trying to act as fast as I can.

I am still looking for answers to my question.

My question is, if there is a layoff ( a very minor one 3/4 people) and the people laid off are of different skills than mine, can I still file for my LC.

I read on a lot of websites about the layoff problem addresses by PERM. It says

"If there has been a layoff by the employer in the area of intended employment within six months of the filing of the labor certification application, the rule requires employers to attest to and document the notification and consideration of potentially qualified U.S. workers involved in the layoff and the results of such notification."

Please see the sentence says "area of intended employment". I am a Unix administrator and if a app. developer is laid off, then I assume that layoff should not affect my application, since my area of intended employment is Sys admin and not app. development.

Any information shared would be appreciated.

Thanks in advance.
 
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