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??
 
Bargain with your Current employer and move on with your Current employer

As long as your I-140 is approved, I would suggest you work with your current employer and work out with them about the current situation. whereever they move the business and try to work with them. Otherwise you left with only option tranfering your H-1 (You may get next 3 years H-1 extension depending upon if USCIS consider Previous H-1 is appoved case. But you will end up filing labor, I-140 agian, if you join a new employer. PLease consult your attorney and talk with them about advantages and disadvantages in your case.

Good luck my friend. I pray god he will to help you.
Thanks
 
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Thanks for your reply, thota. 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.
 
Even though your employer is moving I guess you should still be able to use Approved I-140 because you still work for the same employer. USCIS centrallizing the system, doesn't matter which states. All I-140 process will be centralized. Usually Employer should notify to USCIS saying he is moved his business to different state. Please keep that copy with you incase RFE comes you can show them Employer already notified to USCIS.

According to me you still can use PD of you approved labor from Current employer even though if you join new employer. Because your I-140 already approved. You labor is locked and request your employer and take a letter from him saying he will not revoke your approved I-140 for safer side.
 
It all depends on your labor. What is the work location specified in your labor?
1. Stay in the same area, find a client and sub contract with your employer.
2. If you change employers, you should file your H1-B transfer(PREMIUM suggested), then another PERM and 140, can still carry the PD.
3. Working for the same employer in another area and filing another EB3 labor is not advised. Instead try an EB2 labor.

thota said:
Even though your employer is moving I guess you should still be able to use Approved I-140 because you still work for the same employer. USCIS centrallizing the system, doesn't matter which states. All I-140 process will be centralized. Usually Employer should notify to USCIS saying he is moved his business to different state. Please keep that copy with you incase RFE comes you can show them Employer already notified to USCIS.

According to me you still can use PD of you approved labor from Current employer even though if you join new employer. Because your I-140 already approved. You labor is locked and request your employer and take a letter from him saying he will not revoke your approved I-140 for safer side.
Click to expand...
 
the work location specified in my labor is a city in IL. What do you suggest would be the best thing to do?
move on with my present employer to a different state or get hired by the new employer at my current facility. my present employer's contract ends on July 31st. Unfortunately, working from home or subcontracting by my present employer etc. are not options in my case because I am not in the IT sector.
Thanks.
 
Your priority.
1. Move to a new employer for a better salary.
2. Move to a new employer if you want to stay at the same place if you like the place.
3. Otherwise if you have benefits like carrier growth and salary with the same employer or fed up with the current city..just move to a new place.

sunwun said:
the work location specified in my labor is a city in IL. What do you suggest would be the best thing to do?
move on with my present employer to a different state or get hired by the new employer at my current facility. my present employer's contract ends on July 31st. Unfortunately, working from home or subcontracting by my present employer etc. are not options in my case because I am not in the IT sector.
Thanks.
Click to expand...
 
sunwun said:
the work location specified in my labor is a city in IL. What do you suggest would be the best thing to do?
move on with my present employer to a different state or get hired by the new employer at my current facility. my present employer's contract ends on July 31st. Unfortunately, working from home or subcontracting by my present employer etc. are not options in my case because I am not in the IT sector.
Thanks.
Click to expand...

How Close is your priorty date?
Company closing can have an effect. But GC is being for the future, You can play with AC-21 and come out cleanly. This is not complicated at all.
Just keep the good relation with company.
 
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