Retaining of Priority Date after lay off

[smuggymba]

I have an approved I-140 from my current US company but there are some discussions of "layoffs" going around and I want to be ready for any scenario.

My question is whether I can retain my PD with an approved I-140:

1.) If the employer hasn't taken any decision to cancel I-140.

2.) If the employer writes to USCIS about cancelling I-140.

Thanks.

[sathishav]

Once you I140 is approved, you lock the PD. Only time you lose it is, if USCIS cancels it for fraud.

Else, layoff or revocation does not matter. You just have to start another new PERM again.

[sukhwinderd]

out of the country indefinitely and then come back lets say after 10 yrs?

[pd052009]

Originally Posted by sukhwinderd

out of the country indefinitely and then come back lets say after 10 yrs?

Lets pray the dates would be current by then...

[HRPRO]

You will retain your PD.

If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.

[smuggymba]

Originally Posted by HRPRO

You will retain your PD.

If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.

I haven't file 485 and have no EAD.

Just an approved 140 with looming layoffs.

[HRPRO]

Originally Posted by smuggymba

I haven't file 485 and have no EAD.

Just an approved 140 with looming layoffs.

How many years do you have left on your H-1?

[krishmunn]

Originally Posted by HRPRO

You will retain your PD.

If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.

That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.

[HRPRO]

Originally Posted by krishmunn

That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.

Krish,

I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

Read carefully before jumping into conclusions.

[smuggymba]

Originally Posted by HRPRO

How many years do you have left on your H-1?

6 months.

Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.

[sathishav]

To remain in status, please file asap. large companies, do revoke H1 after layoffs.

If you don't get laid off, you can just ignore the H1 you filed. its also a challenge to get H1 sponsors these days.

[kate123]

Hi Smuggymba, very sorry to see you in such a situation...

It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.

My advice is to you: transfer your H1 as soon as possible before 140 is revoked....

Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....

All the best

Originally Posted by smuggymba

6 months.

Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.

[smuggymba]

Originally Posted by kate123

Hi Smuggymba, very sorry to see you in such a situation...

These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.

[Edison99]

I doubt about that…

Originally Posted by sukhwinderd

out of the country indefinitely and then come back lets say after 10 yrs?

[gc_peshwa]

Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK