unexpected layoff?? confused. please help!!

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??
 
As you already have a i 140 approved, get a copy of those papers. You can get a h1b transfer/extension beyond 3 years as you already have a i 140 approval. You can start uur GC process fresh with the new company and also retain your priority date because ur i 140 has already been approved. If you are in IT move to consulting, it is less stressful and market is good.
 
Thanks for your reply, chanduv23. 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 and unfortunately, I am not in the IT sector.
 
chanduv23 said:
As you already have a i 140 approved, get a copy of those papers. You can get a h1b transfer/extension beyond 3 years as you already have a i 140 approval. You can start uur GC process fresh with the new company and also retain your priority date because ur i 140 has already been approved. If you are in IT move to consulting, it is less stressful and market is good.

If you have an approved I-140, you can apply for a 3 year extension with another company?? The i-140 does not need to be refiled?
 
sunwun said:
Thanks for your reply, chanduv23. 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 and unfortunately, I am not in the IT sector.

Location change might need a new LCA, some companies file new H1b petition. GC is bound to the location. Ur current applied GC is for future employment at the location. Your company can always continue your GC process though you are not currently at that location, try that option. Most consulting companies apply for your GC at a particular centralised location because they move around people. Check out that option. If your company insists on a new PERM petition you can still use ur old PD.
 
Denverite said:
If you have an approved I-140, you can apply for a 3 year extension with another company?? The i-140 does not need to be refiled?

A new PERM and 140 has to be refiled if your old company does not intend to continue supportinng ur application. You can retain your old PD though.
 
I know that H1B can be extended for a period of 3 years aftet I-140 approval.
Will H1b valid,if the employer revokes I-140 after moving to a different employer? How do i can check that I-140 validity?
 
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