PERM Pending and Laid off
Need some help currently in weak situation visa wise.
Im in 6th yr of H1B. Company has filled PERM but will take 3 months to get approved. Due to oil prices i got laidoff. Wife working on OPT so I can switch on F2 to maintain my status.
My questions are:
1. My employer will file I140 but not provide the Tax docs of the company all he can give is my W2's. I wont be having the latest pay stubs as I wont be employed there. My salary is 20K more than the prevailing wage, so I will take my chances of submitting the I140 just by W2's as I dont have any option. What are the chances of acceptance or denial.
Any help of guidance will be appreciated.
I am not a lawyer and take my post with the understanding that I am completely wrong. Hopefully this will at least allow you to search with some more details.
The first advice, I would give is to talk to a competent immigration lawyer.
PERM will take 3 months assuming you don't get an Audit. Substantially longer if you do.
If you're on F2, then I-140 approval would be a problem because F1/F2 are non-immigrant visa and with I-140 filing you're going to prove immigrant intent. This might cause your I-140 to be rejected.
Here's what I would do.
1. How many months of H1b do you have left?
2. Calculate how many days outside US you have stayed and use that to capture some more time.
3. Find someone who you can transfer your H1b to. The H1b transfer will get approved for 1+2 days at the most.
4. Ask your new employer to file for PERM along with your h1b transfer. That way, you can use your pending PERM for additional 1 year extension.
If you have less than 6 months left on your H1b and your PERM has been pending for more than a year. Ask your current employer to file for a 1 year extension based on your pending PERM.
I don't know if you can file for a H1 transfer using a pending PERM (assuming it has been pending for more than 365 days). You might want to research that.
I tried to help with the little I know. I would suggest you contact an immigration attorney. If money is a problem, there are radio shows in Dallas and Houston that have a Q and A option.
Sorry about your situation. Looks like you r from Houston tx where mass lay offs have been going on because record low oil prices.
Well I-140 is sponsored by employer and not by employee. So I do not think u can file I140 on your own behalf.
Probably, you should consult an immigration lawyer on your options. But I think your new employer would need to again file your perm and then I 140.
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