Layoff caused by merger with labor certified

jpram

New Member
I will be laidoff of in 2 months due to merger, but my Labor was certified couple of weeks ago. I am in 8th year extension with H1B valid till Dec, 2007. Is it possible from me to port my priority date (Jan, 2004) with new any employer and how.
 
I will be laidoff of in 2 months due to merger, but my Labor was certified couple of weeks ago. I am in 8th year extension with H1B valid till Dec, 2007. Is it possible from me to port my priority date (Jan, 2004) with new any employer and how.

First and foremost I would suggest you to file I-140 ASAP through premium processing. This will ensure that the 140 will get approved within this 2 months timeframe. Plus you must also convince your employer to not cancel your I-140 after layoff. If that's the case then you can use your approved 140 to port the PD to the new employer.
 
jpram: MA_Labor has advised correctly.

File 140 in premium and get a copy of approval and an assurance that they will not revoke 140. You need to find a job and get H1b filed and start process again but with the advantage of retaining priority date.

First and foremost I would suggest you to file I-140 ASAP through premium processing. This will ensure that the 140 will get approved within this 2 months timeframe. Plus you must also convince your employer to not cancel your I-140 after layoff. If that's the case then you can use your approved 140 to port the PD to the new employer.
 
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