unexpected layoff?? confused. please help!!

S

sunwun

Registered Users (C)
hi guys,

There has been a very sudden development in my immigration proceedings. i work for a big company (with facilities in 20+ states). my company provides contract services. i had my EB-3 I-140 approved in feb. 2006. My priority date is oct. 2003 (so i can't file I-485 yet.). my company had several facilities in illinois area and i had decided to move from the facility where i filed my labor petition and had my i-140 approved to another one closer to my home starting this week (6-19-06). the other facility is about 14 miles from the first facilty and within the same metropolitan area with the same kind of work profile and job requirements etc. i approached my HR office yesterday to apprise them of my transfer and asked my HR head to check with our company's law dept. and find out if any thing needs to be changed in my immigration paperwork.
i learnt today that the other company which was contracting us, has decided (yesterday) to terminate our contact (the termination will be effective july 31st) and the other company will go inhouse from aug. 1st and offer all the employees of my present company to work for them. my present company intends to close it's business here and move out of the region altogether. i will know more by friday so, i intend to contact a lawyer this weekend. but meanwhile, i am somewhat confused. i will be in my 6th year on H-1B starting next month. i haven't heard from my HR dept. yet. what are my options at this time??
 
Your lawyer would have the best suggestions. The constraints are the labor was filed for particular job requirements/description/duties to be performed at a specified location. 140 approval was based on this. If your current employer will agree to keep you on their pay-roll (their move out may not matter, your job perform co-ordinates must be subjectively same on paper. One can work from home too) and contract you to the new employer, then there are no changes on paper nor is such info asked at 485 file time. However pay-stubs will be needed and an employer letter. See if you can talk to the higher-ups CEO etc. through personal visit for a contract-out agreement. In reality you need to maintain your home address and check mails. Good luck.
 
Thanks for your reply, ZLXC2Y. I have been trying to do a little research. Per my understanding, if I decide to stay with my present company and move to a different state (eg. florida), I will still need to apply again for new labor and new I-140. But can I retain my earlier priority date (from labor / I-140 approved for a facility in IL)? Also, what happens to my present H-1B visa? Would it be fine or not??
The other option is that I stay at my present facility and join the new company. In this case, I will have to transfer my H-1B visa, file a new perm labor and I-140 and then request USCIS to let me use my earlier priority date. Right??
just trying to figure out my options. I will be seeing an attorney this week.

P.S. - I cannot work from my home. my job doesn't have that liberty. Unfortunately, I am not in the IT sector.
 
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