PLEASE HELP, I'm being laid off

M

maine

New Member
Dear all,
I've been notified of a lay off, effective Jan 3, 2006. This has taken me by surprise. I don’t know much about the steps I need to take to remain legal in the US after the lay off. I'd greatly appreciate any and all information that you think would help me!

I am listing my information and some questions I thought of below.
My details:
H1B: 6th year expiration date: 1 May 07.
LC: RIR, state NJ, PD: 15 May 02 (approved in Aug 05)
I-140: EB-3/rest of the world, VSC, RD: 3 Oct 05 (not approved yet)
I-485: not able to apply due to retrogression

Questions:
-How long can I stay in the country to look for another job before becoming out of status?

- A coworker thought that the following might be some options:
1. Apply for green card through National Interest Waiver (NIW)
I work in health care-related scientific research field. My friend did an NIW and thought I met the necessary requirements
2. Switch to F1 visa
Are the above applicable to me? Would either buy me the time to look for another job? Other suggestions are welcomed.

-What will happen to my pending GC case?

- Could someone recommend a good immigration lawyer? I might engage one to help me through this. I’m in NJ, but I guess it doesn’t really matter where the lawyer is.

Thanks in advance for your help!
 
As you are in 5th year, you need to worry. You can switch to another job and apply a new LC through PERM and can get certified LC within 60 days or so.

NIW is also a good option for you.
 
maine said:
Dear all,
I've been notified of a lay off, effective Jan 3, 2006. This has taken me by surprise. I don’t know much about the steps I need to take to remain legal in the US after the lay off. I'd greatly appreciate any and all information that you think would help me!

I am listing my information and some questions I thought of below.
My details:
H1B: 6th year expiration date: 1 May 07.
LC: RIR, state NJ, PD: 15 May 02 (approved in Aug 05)
I-140: EB-3/rest of the world, VSC, RD: 3 Oct 05 (not approved yet)
I-485: not able to apply due to retrogression

Questions:
-How long can I stay in the country to look for another job before becoming out of status?
Less than 60 days, but you should look for job NOW.

- A coworker thought that the following might be some options:
1. Apply for green card through National Interest Waiver (NIW)
I work in health care-related scientific research field. My friend did an NIW and thought I met the necessary requirements

If your friend got approved with NIW, you should try also, but it does not help for your situation unless NIW got approved before May 07

2. Switch to F1 visa
Are the above applicable to me? Would either buy me the time to look for another job? Other suggestions are welcomed.

I guess you can try this option if you like.

-What will happen to my pending GC case?
Everything is GONE unless your I140 got approved before the layoff date (I doubt it)

- Could someone recommend a good immigration lawyer? I might engage one to help me through this. I’m in NJ, but I guess it doesn’t really matter where the lawyer is.

Yes it is. You should find lawyer that could represent you in NJ since he/she may follow you to some interview in the future. If you don't care that, why don't you consider the owner of this site?

Thanks in advance for your help!
Click to expand...
 
Sorry to hear this! It is very important that you DO NOT loose your legal status in US. Here are the additional options:
F-1: Get I-20 from school and apply immediately for COS from H-1B to F-1. In some cases, you may goto community college which can give I-120 very quickly (it used to in Year 2001, not sure recently).
B-1 (Business): Immediately apply for COS from H-1B to B-1. State the reason that you need some additional time (6 month) to pile-up miscelaneous stuff - e.g. selling house, closing bank account, etc.
Transfer to H-1B: If you find another job by that time, apply for H-1B transfer. In some cases, you can find an employer who allow you to transfer H-1B with him but it is critical that you get paid regularly to remain on status.

Good luck!

maine said:
Dear all,
I've been notified of a lay off, effective Jan 3, 2006. This has taken me by surprise. I don’t know much about the steps I need to take to remain legal in the US after the lay off. I'd greatly appreciate any and all information that you think would help me!

I am listing my information and some questions I thought of below.
My details:
H1B: 6th year expiration date: 1 May 07.
LC: RIR, state NJ, PD: 15 May 02 (approved in Aug 05)
I-140: EB-3/rest of the world, VSC, RD: 3 Oct 05 (not approved yet)
I-485: not able to apply due to retrogression

Questions:
-How long can I stay in the country to look for another job before becoming out of status?

- A coworker thought that the following might be some options:
1. Apply for green card through National Interest Waiver (NIW)
I work in health care-related scientific research field. My friend did an NIW and thought I met the necessary requirements
2. Switch to F1 visa
Are the above applicable to me? Would either buy me the time to look for another job? Other suggestions are welcomed.

-What will happen to my pending GC case?

- Could someone recommend a good immigration lawyer? I might engage one to help me through this. I’m in NJ, but I guess it doesn’t really matter where the lawyer is.

Thanks in advance for your help!
Click to expand...
 
Thanks!

Thank you so much Planner2005, newbies, and kewl for your suggestions. Applying for COS to B1 as you suggested seems like the way to go for me. I am also setting up an appointment with an immigration lawyer who will evaluate my qualifications for NIW.

On a slightly different note, what should I do with my unemployment benefits? Should I claim it or is it going to be frowned upon by the USCIS?
 
Yeah, you can apply for B-1 (at least for 6 months) and meantime can see other long term options (e.g. NIW or H-1B again). Get professional advice from attorney, as you are doing.

I think you are not even eligible to collect unemployment benefit (requirement: you must be eligible to take job (without sponsorship or non-immigrant status). But anyway it is not good idea to collect unemployment benefit which may haunt you in future GC process. Again get advice from attorney.

maine said:
Thank you so much Planner2005, newbies, and kewl for your suggestions. Applying for COS to B1 as you suggested seems like the way to go for me. I am also setting up an appointment with an immigration lawyer who will evaluate my qualifications for NIW.

On a slightly different note, what should I do with my unemployment benefits? Should I claim it or is it going to be frowned upon by the USCIS?
Click to expand...
 
maine said:
Dear all,
I've been notified of a lay off, effective Jan 3, 2006. This has taken me by surprise. I don’t know much about the steps I need to take to remain legal in the US after the lay off. I'd greatly appreciate any and all information that you think would help me!

I am listing my information and some questions I thought of below.
My details:
H1B: 6th year expiration date: 1 May 07.
LC: RIR, state NJ, PD: 15 May 02 (approved in Aug 05)
I-140: EB-3/rest of the world, VSC, RD: 3 Oct 05 (not approved yet)
I-485: not able to apply due to retrogression

Questions:
-How long can I stay in the country to look for another job before becoming out of status?

- A coworker thought that the following might be some options:
1. Apply for green card through National Interest Waiver (NIW)
I work in health care-related scientific research field. My friend did an NIW and thought I met the necessary requirements
2. Switch to F1 visa
Are the above applicable to me? Would either buy me the time to look for another job? Other suggestions are welcomed.

-What will happen to my pending GC case?

- Could someone recommend a good immigration lawyer? I might engage one to help me through this. I’m in NJ, but I guess it doesn’t really matter where the lawyer is.

Thanks in advance for your help!
Click to expand...

The best move in your case is to quickly find another job before your layoff date and file a H1B transfer, since you have enough time left before your 6 year limit expires.

Filing F1 is of no long term value. And also its hard to get GC through NIW. You may think you are an apt case for NIW, but believe me when I say USCIS may think otherwise.

In the meantime, if you are lucky, your I-140 filed by your current company could possibly get approved (provided they do not withdraw the application). Once your I-140 is approved, you may be eligible to extend your H1 for another 3 years based on the fact that you are not able to file I-485 due to retrogression. That way you would be able to preserve your old Priority Date in case a new employer decides to process your GC again. Also, there are some new provisions in the Defict Reduction Bill which is currently in Conference in Congress. If it becomes a law before the end of Dec '05, you would be able to apply I-485/get EAD even if your dates are retrogressed. And if that were to happen, you would be able to switch to a similar or same job after 180 days of filing I-485 (and it is still not approved) based on AC21 Act.

Most of the above recommendations are based on the premise that your current employer will not withdraw your pending I-140. In all cases, apply for H1 transfer ASAP to another company as your back up and to keep you in legal status.
 
Since your 6 years are up only in May 07, you are still a good 1.5 years away from it, and have 6 months to file a new LC for getting H1-extension benefits. Of course if your current company is willing to keep your process alive, you dont have to worry about when you file the new LC etc.

My story is different than yours, but here it is.

When I got laid off I was just 2 months shy of the 6 years. And I was laid-off with half-day notice. My H1 extension for 7th year had been approved, but of no use now. My husband was doing a full time Masters on a F1, so I quickly applied for an F2 within 2 weeks of lay-off.

Although I could have technically got a 7th year extended H1B from any company based on the GC process of my old company, I did not do it. Even my labor (which had been in process for 2 years) had not been approved at that point. If labor got denied I was sure my old company was not going to appeal it etc. So there was no point getting a job and an extended H1B only to lose all that if/when the original labor got denied.

So I waited on the labor. After 6 months approval came, without any RFEs etc. Since I was in touch with someone in the company's law firm, I got that information. I immediately swung into action, went to my company and pleaded with them to take me back. After several months, the pleading finally worked, I got a job there, and the company lawyer almost scuttled that opportunity. I told him that we should directly file 140/485 and get an EAD, but he insisted that company must file a H1-extension, although I explained that it wont work because I had shifted to F2 in between. As expected, the visa was rejected for the same reason I anticipated, the company got chicken, and withdrew the job offer.

This company dealt with very few H1 etc. right from the beginning, they had a handful of H1s and even fewer GC processes. At that point mine and another colleague's GC process were the only ones. So they had absolutely no understanding of any of all this, the HR people included.

The lawyer now suggested the EAD route to them, but company was like 'well, the H1 was rejected, what is the guarentee that this EAD will be approved, looks like she has some legal complications, we dont want to deal with her case.' I was devastated. The lawyer would not help me anymore with convincing the company. I once again pleaded, I promised to work free until the EAD was approved etc.etc. And finally, made my way back into the company.

We filed 140/485. Received RFEs on every petition. Hired, fought bitterly with and fired 2 lawyers over them. Apart from of course, pleading, what else, with company for various letters and documents. And finally the approvals for me husband and elder son. My younger son's case fell through the cracks. His will have to wait for the priority date now.

What have I learnt from this experience ? How to plead.
 
Thanks for all who have responded and shared their stories & knowledge. I have received some more info about my case that I would like to share.

1) I have checked my eligibility for NIW with a lawyer and was told not too bad of a case. However, it seems like it will be a lot of work and the application will only be considered as EB2. (I especially dread the thought of asking for and collecting more than 10 recommendation letters)
So, I don't see the point in going through the trouble, since if I find a new employer that would sponsor a new GC application (granted it's a big "IF" at this point), I think it would also be considered an EB2 (I have BS + 5 yrs experience).
Is my analysis correct?

2) The employer told me they were not withdrawing the pending I-140, but they would notify USCIS about my H1 termination with them 30 days after my last day. Can I benefit from these facts?

catch_22_4_GC, is it likely that the bill will become law before end of Dec 2005?

Thanks again everyone!
 
maine said:
Thanks for all who have responded and shared their stories & knowledge. I have received some more info about my case that I would like to share.

1) I have checked my eligibility for NIW with a lawyer and was told not too bad of a case. However, it seems like it will be a lot of work and the application will only be considered as EB2. (I especially dread the thought of asking for and collecting more than 10 recommendation letters)
So, I don't see the point in going through the trouble, since if I find a new employer that would sponsor a new GC application (granted it's a big "IF" at this point), I think it would also be considered an EB2 (I have BS + 5 yrs experience).
Is my analysis correct?

If you just have BS, it is hard to do NIW.
For BS+5, remember 5 = 5 years after BS degree received. And your BS is 4 year BS. Or you will fall into EB3.
Of course, finally, the job description must say so.

2) The employer told me they were not withdrawing the pending I-140, but they would notify USCIS about my H1 termination with them 30 days after my last day. Can I benefit from these facts?
Yes, if you can be legal in the US. Once your pending I-140 approved (I assume that your employer don't give that Certified Labor to someone else. They might since it is HOT. And your employer MUST pay for lawyer and answer all RFEs from USCIS. They might do that but ...), you can carry over the old PD with the new application.

catch_22_4_GC, is it likely that the bill will become law before end of Dec 2005?

DEC 2006= SURE. It takes at least months to get it become law. The bill has NOT done yet as of now. After the combine is done, it needs to be voted by both houses (which will be a while later). Then, send to President for 10 days. Then, take time for those law makers to make it become law. Then, USCIS will make memo for that..... How long do you think that process will take?

Thanks again everyone!
Click to expand...
 
maine said:
Thanks for all who have responded and shared their stories & knowledge. I have received some more info about my case that I would like to share.

1) I have checked my eligibility for NIW with a lawyer and was told not too bad of a case. However, it seems like it will be a lot of work and the application will only be considered as EB2. (I especially dread the thought of asking for and collecting more than 10 recommendation letters)
So, I don't see the point in going through the trouble, since if I find a new employer that would sponsor a new GC application (granted it's a big "IF" at this point), I think it would also be considered an EB2 (I have BS + 5 yrs experience).
Is my analysis correct?

2) The employer told me they were not withdrawing the pending I-140, but they would notify USCIS about my H1 termination with them 30 days after my last day. Can I benefit from these facts?

catch_22_4_GC, is it likely that the bill will become law before end of Dec 2005?

Thanks again everyone!
Click to expand...

To answer your questions -

1. Do not assume that a NIW application would get your GC faster than say EB2. I my own case, my EB3 application was approved in a matter of months than my EB2 application( I hold a Masters degree) application which took years. Finally, I decided to take the EB3 route. Its the end that matters and not the route (EB2 or EB3 or NIW). Besides, I have seen NIW applicants drained of their energy collecting doucments/recommendation letters supporting their case. A case in point - I remember reading somewhere that a top baseball player, playing in one of the national leagues, was rejected an NIW petition because some dumb federal employee at USCIS thought he did not have a phenomenal batting average to be considered a national interest waiver !

Also, please understand that EB2 or EB3 categories are determined based on the job requirement . Not based on your qualifications.

2. Its good news that they are not withdrawing the I-140, meaning that you can always argue with USCIS that you had a potential future job. Find an employer ASAP within the next 30 days and file your H1 transfer.

Abt the Deficit Reduction Act, it is still being debated heavily on Congress and is still under negotiation. It is my guess that we would know the outcome within the next 3 to 5 days(before Christmas), one way or the other.
 
Last edited by a moderator:
Is I am eligible for B1 or not?

Dear kewl,

Would you please check to see, if I am eligible for change of status to B1 from my current status?

12/27/2004 - I-140/I-485/I-765/I-131 applied under EB3
01/24/2005 - I-140 approved
02/02/2005 - I-765 approved
04/14/2005 - Found a project and Joined GC sponsered company
05/02/2005 - Change of H1 to GC filed company
05/25/2005 - RFE on extension
08/19/2005 - Response to H1 extension with recapture unused H1 time
(not in US , visited india)
09/02/2005 - Project completed
09/12/2005 - Changed employer on EAD (after 180 days of I-485 pending)
09/29/2005 - I-485 Denial letter
10/17/2005 - Filed Moition to reopen denial of I-485

My current status : H1 extension is in pending status, MOtion to reopen is in pending status and the EAD validity 01/30/2006

What are my different options to stay in USA on legal status.

Thanks in advance for your valuable information.

A victim of Cybersoftec, NJ based company.
 
need_info1 said:
09/12/2005 - Changed employer on EAD (after 180 days of I-485 pending)
09/29/2005 - I-485 Denial letter

A victim of Cybersoftec, NJ based company.
Click to expand...

Once applied for the GC if not impossible, It is very difficult to get non-immigrant visa.
Did you apply in Premium for H1?
 
Reply please

tammy2 said:
Once applied for the GC if not impossible, It is very difficult to get non-immigrant visa.
Did you apply in Premium for H1?
Click to expand...


Thanks for the reply Tammy2,

No, the application was filed by company.

Any chances for B1 in my case.

A Cyber Victim.
 
Being Laid off...Please help!!

Hi All,
I need help and suggestions please!!! I havent been able to sleep for weeks and its been very bad...!My company had mentioned to me that I would be laid in a half a day which happened. I have been negotiating since then and also pleaded but no luck since the past 2 weeks but I have technically been laid off although not signed Release Agreement.
My situation is such that I am on EB1 (Inter company transfer/Multinational Manager) i.e. L1 A Status. My I-140 was applied 05/25/06 and has not yet been approved. I applied my I-140 (today) 11/09/06.
My HR said they would NOT revoke my I-140 but may inform INS about my non-employment. I am concerned now as I have spent a "BOMB" (a lot of money) on attorney and legal fees and I am in traveling in a week as I my fiance's grandma is very critical.
My concerns are:
- Will my GC process get revoked?
- Can I travel if I have my EAD or AP in 90 days?
- What are my chances of getting my work permit.

Guys, please please advise and would appreciate everyones inputs or suggestions...

Thanks a bunch in advance,

~V
 
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