Unique situation - Need help - 140/485 pending, will be laid off soon

G

gcforall2003

Registered Users (C)
Gurus,

Need advise on the following situation:

- Currently on 6th year h1b which will expire end of 11/2004
- obtained 7th year h1b valid until 11/2005 (based on my pending LC > 365 days)
- Note that a I-140 and I-485 is pending (based on a substitute LC - EAD/AP approved and FP done).

Now the problem:
I am notified to be laid off during Feb 2005. What if I don't get my I-140 approved by then?? What are my options??

Can I transfer my 7th year H1b from current employer to a new employer and start a new GC process??

what else could i do to remain in status??

Thanks in advance for your thoughts.

~ gcforall2003
 
gcforall2003,

I think the best option you have now is to work with your current employer to see if they can still support your I-140. I don't if this is possible in your case but it is always worth to try. If your employer does not withdraw I-140, then you will be always in status. You need to work out with them if RFE comes in they will help to reply. I was in the similar situation and my previous employer helped me. These days seems the speed is faster, let's hope your I-140 will approval soon.
 
lisansw,

Thank You for your encouraging post. It is good to know that your employer supported you even after you left them. That was nice of them. I am not sure if my employer (a pretty big company) would do the same. I am pushing it though. The exit date is end of Feb 2005...I hope and pray that I get my 140 by then. I am not worried about my 485 at all.

Thanks again.
 
gcforall2003, you should ask lawyer to open inquiry ASAP. JIT has long passed the Dec 03 mark. Your case should be approved any minute. Also as Lisansw said, work with your employer to not withdraw your case if approval does not come by then. Of course, it's going to be a little tricky if your receive RFE of paystubs or W2s.
 
You must log in or register to reply here.
Top