Situation

gravitation

Registered Users (C)
I've a situation here. First some background.

I got H1B visa approval in Oct 2002 and arrived in US in Dec 2002. This was my second stint in US but after my first stint I had spend more than one year in India so the 6 year expiration period for H1B was reset.

Filed for GC in 12/2003 as EB3 and it's in BEC limbo. You know all about retrogression.

Now, my company is having a round of layoffs and we know that my group (network management) is on the chopping block. At least some of jobs will be outsourced to India. There is a 50% chance of me surving this round of layoff (just a guess). If I do survive this round, there may be another round in Dec 2006. Apart from that, job has been going on very well. In fact I earned a promotion six months ago.

They'll hand over pink slips sometime b/w mid-June to June-end. Fired people will stay on payroll till July end.

It's very unlikely that they'll keep my GC application alive if they do decide to fire me. So, if I change job, I'll lose a 2.5 yerars old PD.

Scenario 1: I survive all rounds of layoffs till my I-140 clears (let's say for the next year and a half). Ideal situation.

Scenario 2: They lay me off now. I move on to anohter company. Start GC application from scratch. May be open to the idea of a substitute labor.

Scenario 3: I get fired in Dec 2006. Again start the GC application from scratch.

Scenario 4: I join a new job. Start GC from scratch. Get fired in Nov 2007 before I-140 with less than one year remaining in h1b expiration.

Big question: should I jump ship now and start a new job in a financially healthier company? Or should I stick around and hope to survive all rounds of lay-offs? The temptation for the latter is great as I shudder with the idea of having a PD in second half of 2006. Also, scenario 4 is equally avoidable.

What would you do? Stick around? Jump ship?
 
Start looking for jobs...Get a couple of offers in hand and THEN decide!
Should you get lucky and find a Sub-Labor or something outside go for it....or unlucky to loose your current job u will be prepared.
Also do all you can within the Co. to save your job......if u survive till 140 ..the PD will be yours to keep....Its always better to keep all options open
 
A good option would be to join a consulting company and look for projects on your own. Market is well open and will absorb you quick. Consulting companies also file ur GC in EB2 quickly and in general the LC gets certified quickly and you can apply for 140 soon.

I got fired in my 6th year of h1b because of a company merger and the acquiring company had a hidden firing agenda. I did not have time, firing was instant, I immediately got a project and got my h1b transfered to consulting firm and they used my old company labor in BEC to get my 7th year extension. I am now in 7th year with consulting company and got eb2 L/C certified and applying for 140. Getting projects is not difficult these days market is wide open. So choose a good employer rather than the traditional employers who do not adjust to changing rules.
 
Gravitation,

It is better to start looking for new job even though you loose your priority date in your case if you are sure that they are going to lay you off in near future. If you start GC process again with new company, with PERM you may get your LC in about 6-8 months (including all ads and paper work) and then you may get 140 approval in another 3 months or so...Once you have 140 approval you will get 3 year H1B extensions. If you are lucky and if CIR pass you can apply for 485 irrespective of priority dates and you can enjoy AC21 benefits.

It is not worth to stay in company with uncertainity in my view. I had that situation and it sucks. that is my two cents....
 
I have a related question. Are we sure that PD is ours to keep once an I-140 application has been approved. i.e irrespective of the actions that the current (exploting )employer might take subsequently ?


CoolTiger said:
Start looking for jobs...Get a couple of offers in hand and THEN decide!
Should you get lucky and find a Sub-Labor or something outside go for it....or unlucky to loose your current job u will be prepared.
Also do all you can within the Co. to save your job......if u survive till 140 ..the PD will be yours to keep....Its always better to keep all options open
 
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