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Old 02-12-2015, 05:16 AM
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Default GC process and layoff

Hello,

I worked for 3 years on H1B and then returned to India in 2011. Now I want to go back to US and my company is willing to do the paperwork. Though I have spent more than one year outside US, my company is not ready to file fresh H1B for me.

They are willing to reactivating my H1B, which still has 3 years potentially on it, without going through the lottery.
They are also ready to start my GC process (EB2)right away (i.e. no internal waiting time from the company side).

Given this, I want to work through a layoff scenario in the future. Can someone please confirm if my following assumptions seem right (assuming that there are no audit delays, denials and such other unpredictable things. And also assuming premium processing where reasonably possible)?

If they start the GC process right away (say April 2015), a reasonable time to expect them to file for labor is 6 months(i.e. Oct 2015). Is this the time they allocate priority date? If so, I am assuming Oct 2015 as the PD.
I am assuming 6 months for LC approval (i.e. Apr 2016).
Assuming they file I-140 immediately after that, I am assuming another 6 months for approval of I140 (i.e. Oct 2016).
From what I understand, they can’t file for I485 until the PD is current. From the Feb 2015 bulletin, it seems like they are still processing 2005 India EB2 applications (though I see a 2007 date in march bulletin). If that is the trend to go by, I am assuming that this means a wait time of 10 years between an PD and application of I-485 . I understand that the dates can vary and go back or forward any time, but I just have to pick some number for the sake of calculation. So until Oct 2025 they won’t be able to file I485. Is my understanding right?

And now coming to the layoff scenario I mentioned in the beginning…
From what I read on the internet, it seems like I need to have an approved I-140 and also should have > 180 days since filing of I-485 (plus getting a job in similar field etc) to be able to port over my GC to any other company or the GC has to restart. So if my current company lays me off any time before Apr 2026 (Adding 180 days to Oct 2025 date I mentioned above), I will not be able to get a job anywhere because my GC has to restart and I would have no basis to extend my H1B. And that would mean I will have to return to India in case of a layoff before Apr 2026 (ruling out converting to H4 etc).

I understand that no one can predict the exact processing time for GC, but I am trying to broadly see if my understanding is correct or if there is major misunderstanding from my side.

Thanks and Regards
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