Urgent, PERM LC cleared , I140 pending but laid off

P

permfiling

Registered Users (C)
Gurus,
Due to acquistions, I got laid off from a big employer. My LC was cleared in PERM and I140 pending with CSC since 3 months. My old employer wont be revoking my I140 , I was planning to get rehired so as to continue my immigration process. If I get rehired , do i need to be at the same worksite as my previous one? Do i have to be joining at the same job level?

Thanks
 
permfiling,
I am sorry to hear that.

>> Due to acquistions, I got laid off from a big employer.
When your company got acquired, did you transfer your H1 to the new company and then eventually got laid off. (OR) Did they lay you off as soon as the acquisition was done. In other words, is your present H1 still with your old employer?

Acquisition is kind of grey area. It could be only the assets acquisition(meaning they buy only the Intellectual property), OR it could be that they buy the whole company (in which case the old company does not exist anymore).

Now, you have mentioned that, "IF I GET REHIRED, ....". If I understand you correctly, then your current H1 is with the big employer. If that is the case, and if your old company still exists, then you can transfer your H1 to the old company and continue with the green card process.

Consult with the lawyer who applied for your PERM/I-140. It is good that your old employer is willing to help you.

These are just my opinion. I may be wrong. I wish you good luck.

abu2003
 
layoff and 140

abu2003 said:
permfiling,
I am sorry to hear that.

>> Due to acquistions, I got laid off from a big employer.
When your company got acquired, did you transfer your H1 to the new company and then eventually got laid off. (OR) Did they lay you off as soon as the acquisition was done. In other words, is your present H1 still with your old employer?

[permfiling] No, My company bought another company. Yes, My H1 is still with the old employer.

Acquisition is kind of grey area. It could be only the assets acquisition(meaning they buy only the Intellectual property), OR it could be that they buy the whole company (in which case the old company does not exist anymore).

[permfiling] My old company bought a smaller company so the old company still exists and holds my H1. The termination letter says mass layoff

Now, you have mentioned that, "IF I GET REHIRED, ....". If I understand you correctly, then your current H1 is with the big employer. If that is the case, and if your old company still exists, then you can transfer your H1 to the old company and continue with the green card process.

[permfiling] As my old company is a big employer, there are many groups. One of the group wants to hire me [still in discussions].

Consult with the lawyer who applied for your PERM/I-140. It is good that your old employer is willing to help you.

[permfiling] ok, thanks
These are just my opinion. I may be wrong. I wish you good luck.

abu2003
Click to expand...
 
Hi permfiling,

Since the termination is due to Mass layoff. Did they give you 60 days notice or did they give yiou 60 days pay ? My company will get aquired by another company soon. I am worry too.
Please check the website below. Maybe you can stay with your company for another 2 month or so.. then your I140 may have time to get approved.

http://www.edd.ca.gov/eddwarn.htm

http://www.aarp.org/money/careers/jobloss/a2004-04-28-laidoff.html

http://www.ldol.state.la.us/wrk_warnfacts.asp?Portal=BUS

Good Luck,

KH
 
No notice

There was no notice of 60days nor 60 days pay . IT was 2 weeks only and I am elgible for rehire.
 
can 485 filed with another employer?

If 140 gets approved and if I am doing the same job responsibilty with the new employer, will i be able to continue 485 ?
 
If your old company is willing to continue u 485 then yes, else you will
have to restart the process with the new company, if its a similar job then
you can carry forward your priorty date only.
 
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