Laid off -- Please help

[moonrah]

Hi All,

I have been laid off recently and I am on my 5th year of H1B, labor is not approved yet. I am quickly reaching to my 6th year of H1B. What options do I have? I still have three month as employer asked me to stay for three months and then move to other country. If I move to other country, Can my GC process be continued? Please help...

[roseball]

Originally Posted by moonrah

Hi All,

I have been laid off recently and I am on my 5th year of H1B, labor is not approved yet. I am quickly reaching to my 6th year of H1B. What options do I have? I still have three month as employer asked me to stay for three months and then move to other country. If I move to other country, Can my GC process be continued? Please help...

Yes, if your employer is willing to continue your GC process, he can do so. Since GC is for future employment, you can work for the employer in another country and still be able to continue the GC process as long as there is a position available for you once the GC is approved. Once your labor is approved, you can opt for Consular Processing in your I-140 application and then when your PD is current, you will be called for an interview at a consulate in your home country. Hope this helps..

[moonrah]

Thanks,

How safe the 485 interview at the consular processing? Do they mostly approve or reject? Does anybody have experience for that?

[Ann Ruben]

There might be a silver lining to taking the position overseas. If your the overseas company qualifies as a branch, parent or subsidiary of the US employer, after one year abroad you might qualify for EB-1 immigration as an intracompany transferee manager or executive.

[moonrah]

Originally Posted by aruben@srrlaw.us

There might be a silver lining to taking the position overseas. If your the overseas company qualifies as a branch, parent or subsidiary of the US employer, after one year abroad you might qualify for EB-1 immigration as an intracompany transferee manager or executive.

Thank you for your advice. My company has head office here in US and has branch there. When you there might be a "silver lining", did you mean it might be beneficial? Sorry for my ignorance...and to qualify for EB-1 immigration, do I have to be working as a manager oversees? Do I need to continue my current immigration process?

Thank you in advance for your advice.

[Ann Ruben]

Yes, there is an expression that "every cloud has a silver lining". You would have to be in a "managerial" position, but the USCIS definition of manager is fairly broad and can include managing a major function or even project. Just in case, I would recommend that you continue your current greencard process. You can pursue the EB-1 even if your EB-2 petition is approved or pending.

Ann

[moonrah]

Thanks a lot