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

[gcforall2003]

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

 

[joyd]

If your 140 gets approved by then and your 485 has been pending for 6 months, you can use Act21. Although I have read in this forum that people have used Act21 before 6 months and didn't notify USCIS. Search the VSC 485 forum.

 

[usnycus]

See Inline....

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??
... Technically you will be in status because of your pending I-485. Just hope that you don't get RFE on I-140 before/after layoff. You might be able to finish the process if they approve I-140.


Can I transfer my 7th year H1b from current employer to a new employer and start a new GC process??
... Many have posted similar question in past but never updated their current situation. I am not sure about 7th/8th year extension with new employer but definitely worth a try.

what else could i do to remain in status??
... Look for employer having approved LC and apply I-140/485 using sub-LC.


Thanks in advance for your thoughts.

~ gcforall2003

 

[venkat04]

See Inline....

Many have posted similar question in past but never updated their current situation. I am not sure about 7th/8th year extension with new employer but definitely worth a try.

Here I am. I got my 8th H1 with different company.
I have applied 8th H1, after my 6year H1 expiration and 7th H1 is pending. both 7th and 8th got approved without any problem.

Now, 140 got approved and is working with old company.
GCFORALL,
You can apply for H1 with different company and try with LC substitute, incase your I-140 not approved by that time.

 

[usnycus]

Thanks for updating the thread. You post will definitely help many during their decision making process.

Here I am. I got my 8th H1 with different company.
I have applied 8th H1, after my 6year H1 expiration and 7th H1 is pending. both 7th and 8th got approved without any problem.

Now, 140 got approved and is working with old company.
GCFORALL,
You can apply for H1 with different company and try with LC substitute, incase your I-140 not approved by that time.

 

[gcforall2003]

You gave me hope .... Thank You/

Here I am. I got my 8th H1 with different company.
I have applied 8th H1, after my 6year H1 expiration and 7th H1 is pending. both 7th and 8th got approved without any problem.

Now, 140 got approved and is working with old company.
GCFORALL,
You can apply for H1 with different company and try with LC substitute, incase your I-140 not approved by that time.

venkat04,

Your post is very encouraging. Thank You very much.

~ gcforall2003

 

[gcforall2003]

Thanks for updating the thread. You post will definitely help many during their decision making process.

joyd, usnycus,

Thank you both for your insights. Much appreciated.

~ gcforall2003

 

[GC_GoneCase]

I also got 7th year extension with different employer.

On top of that, this extension happend 4 months after my previous employer had sent the pending 140 withdrawl request.

venkat04,

Your post is very encouraging. Thank You very much.

~ gcforall2003

 

[gcforall2003]

GC_GoneCase,

Good to hear about your 7th year extension. On what basis was this 7th year extension with a different employer done (was it with a pending LC > 365 days or with a pending 140 which was revoked by your original employer)??

Please reply

 

[manib04]

I also got 7th year extension with different employer.

On top of that, this extension happend 4 months after my previous employer had sent the pending 140 withdrawl request.

Also I heard that only one H1b petition should be filed for 7th year extension...Is that true...Gurus please clarify this..

Thanks in advance....

 

[GC_GoneCase]

I filed it on basis of pending 140 / 485 as I was not having a copy of LC.
I had to wait exact 365 days for 140/485 to be pending because of that.

This was done in July although I had H1 valid till Nov 1, 2004. I got extension till Nov 1, 2005.

I filed under premium processing. It was approved within 3 days of receipt date.

GC_GoneCase,

Good to hear about your 7th year extension. On what basis was this 7th year extension with a different employer done (was it with a pending LC > 365 days or with a pending 140 which was revoked by your original employer)??

Please reply

 

[GC_GoneCase]

One of my very close friend got 7th year extension thru a company other than the GC sponsorer.

He had after that transferred the H1 to another employer successfully last month. I knew all this because I was the one telling him to do that as he was not aware of what to do for changing employer after he was layed off from the GC sponsoring employer at the end of 6th year.

On that basis, I presume it is possible that after 7th year extension, one may change the employer like a regular H1. You may like to check with your attorney as well.

Also I heard that only one H1b petition should be filed for 7th year extension...Is that true...Gurus please clarify this..

Thanks in advance....