Urgent, PERM LC cleared , I140 pending but laid off

P

permfiling

Registered Users (C)
Dear Gurus,
I am in a very unfortunate situation. I got laid off from a big company. My PERM LC was approved and I140 filed 3 months ago. I have 2 more years on H1 left. Different groups in old employer have openings. If i get rehired for a similar job description will I be able to use the LC and I140? Do i have to be hired at the same pay and job level as mentioned in my approved LC? As 140 in CSC is still slow and 485 dates are not current, if I join a new employer, I have to file again in PERM.

Please suggest. :(
 
You will need to refile PERM. If your I140 comes through, you can retan the priority date for that for your I485 filing whenever that happens, provided the current company does not cancel the I140.
 
If I rejoin the old employer?

Thanks creative, I checked with my old employer and they wont be revoking my 140 petition. If i get rehired by my old employer. To continue my previous 140 process do my worksite has to be the same as the old ? CA .
 
Worksite has to be the same because LC is connected to it. However if you reach AC-21 possibility (180+ days of I-485 pending) you can switch to new worksite under AC-21 portability and still continue processing.

mvinays said:
The work site doesn't have to be same as the old LC.

Also, please read this article for clarification:
http://www.murthy.com/news/UDinsigs.html
Click to expand...
 
thanks gc

gc_2006 said:
Worksite has to be the same because LC is connected to it. However if you reach AC-21 possibility (180+ days of I-485 pending) you can switch to new worksite under AC-21 portability and still continue processing.
Click to expand...


Thanks folks. My employer has many worksites so I guess I have to stick to the site where my LC was filed initially then :mad:
 
Not necessary. Remember GC is for future employment. Your employer just has to state that you would be transferred to the original worksite, after the GC is approved.
 
LC substitution and PD?

Thanks creative. To clarify, say I was working in site A , LC and I140 were filed. Now I got laid off. I get hired with the same employer at site B with sa similar job description. What you say is that now the employer will continue my 485 once 140 gets approved saying that i will be transferred later. Say if site B comes under another procesing center other then CSC, can my case be transferred to that particular processing center if it is more faster than CSC?

The option I have is to go to a different employer as I still have some time on my H1 and inthe interim if 140 gets approved with the old employer then I can use the PD but if my old employer substitues my LC to another employee, will I still be able to use PD of 140 once it gets approved provided 140 was not revoked by old employer?
 
meaning of I-485 pending

gc_2006 said:
Worksite has to be the same because LC is connected to it. However if you reach AC-21 possibility (180+ days of I-485 pending) you can switch to new worksite under AC-21 portability and still continue processing.
Click to expand...


gc_2006 can you please let me know when people say I-485 should be pedning for atleast 180 days does it mean 180 days from the PD crossing? Can I 485 be filed even if the priority date is one year away?

Thanks
 
asterixrc
I 485 pending for 180 days..the clock starts from the Notice date..which is the date USCIS received the 485 petition. You cannot file 485 if your PD is not current

permfiling
If you go with a new employer and your current I140 gets approved and you remployer substitutes your labor, you are still okay to use that priority date. But very soon, labor substitutions may no longer be allowed based on the recent proposal from DOL.
You cannot transfer your case to a different processing center if your labor was approved in a different jurisdiction.
 
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