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javaconsultant 04-08-2006 03:52 AM

Laid off: All questions and discussions
 
I am on 8th year H-1B extension and my labor certification application
is pending at PBEC for 4 years..
Got Laid off....from my current employer...What are my options ?

a) Can I get an H-1B from another employer and apply thru PERM.
b) If I apply thru PERM from another employer B and my labor is approved from my current employer A(the one that laid me off)...can I apply I-140 from the employer A ?

Guys...Pls let me know you thoughts ...It is very critical for me...

Thanks.

popoye 04-08-2006 04:14 AM

i cant answer this question. but since ur situation sounds critical, you may want to talk to an attorney like rajiv khanna. it does not cost u a lot

reachag 04-08-2006 08:29 AM

How long is your current H1 valid? As far as i know, You can get your H1 extended with the new company till the present H1 date provided the pending LC is not revoked. Normally most companies do not specifically cancel the LC..so you should be fine.
As soon as you join the new company, apply for Perm.
This was discussed at length at immigrationportal.com website. There is a seperate thread for guys in H1 7th year extension. check it out.

pcs 04-08-2006 09:13 AM

You can do it
 
Please check Q&A ( I think Q&A no. 18) in immigration-law.com . It has been detailed & you can do it. Also keep sharing your info / experience as it will be of use to some other like you.

javaconsultant 04-14-2006 12:16 AM

Is immigrationportal.com website up ?
 
Is immigrationportal.com website up ?

I am not able to bring it up for couple of days...........


Quote:

Originally Posted by reachag
How long is your current H1 valid? As far as i know, You can get your H1 extended with the new company till the present H1 date provided the pending LC is not revoked. Normally most companies do not specifically cancel the LC..so you should be fine.
As soon as you join the new company, apply for Perm.
This was discussed at length at immigrationportal.com website. There is a seperate thread for guys in H1 7th year extension. check it out.


logiclife 04-14-2006 12:10 PM

immigration portal is up and running
 
:) Javaconsultant,

Immigrationportal.com is up an running.

maybe you've been visiting it too often and your employer has blocked that site from your network to save bandwidth :) Ok, just kidding.

--logiclife

green_card_06 09-28-2006 01:58 AM

PERM filing during layoffs
 
My company went through a 10% workforce reduction company-wide just when my PERM application was ready to be filed. Although nobody from my group has been affected, 2 people with the same job title from a different group in the same office were affected. Their job descriptions are entirely different. I have about a year and a half before my H1B expires. I would appreciate anybody answering the following questions I have:

1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?

2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?

3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?

4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.

dixie 09-28-2006 02:06 AM

We do not have sufficient expertise to answer such specific queries .. Your company's immigration lawyer should be the best person to answer this. You could also try posing your query to an attorney during our conference calls.

In any case, a good employer would prepare for the worst case eventuality - that is assume that an audit notice is sent. If your company and its lawyer have been scrupulous about all the information they furnished during the PERM app there should be little trouble responding to it. In case they fail to satisfy USCIS, your company will get blacklisted and will be barred from filing PERM applications for some length of time (not sure what that is).I do not know of any direct consequences for the beneficiary himself.

Quote:

Originally Posted by green_card_06
My company went through a 10% workforce reduction company-wide just when my PERM application was ready to be filed. Although nobody from my group has been affected, 2 people with the same job title from a different group in the same office were affected. Their job descriptions are entirely different. I have about a year and a half before my H1B expires. I would appreciate anybody answering the following questions I have:

1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?

2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?

3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?

4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.


chitta123 02-08-2007 04:31 PM

Laid off - what should I do?
 
I am in a lot of stress. Please help out if possible.

Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

Gurus please help. I will be grateful.

Thanks

Munna Bhai 02-08-2007 04:35 PM

Don't worry..you can extend your stay
 
Quote:

Originally Posted by chitta123
I am in a lot of stress. Please help out if possible.

Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

Gurus please help. I will be grateful.

Thanks

Don't worry..you still have time..start hunting for a job and you can transfer and extend your H1b for 3 years based on I-140 approval(beyond 6 years).

amitjoey 02-08-2007 04:40 PM

chitta123, do not panic. You are in a better situation overall. Find an employer willing to sponsor your H1 and greencard. Start H1 Process (transfer). You will get a new H1- with date of April 2008. Start working as soon as you get a receipt date.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.

chanduv23 02-08-2007 04:41 PM

Get copies of your 140 approval and labor filing papers. Look for a job and transfer h1b , you will get 3 years transfer/extension based on yiour approved 140.
Once you settle down in your new job, apply for new Labor in PERM (preferably EB2) , and you can port your earlier priority date.

amitjoey 02-08-2007 04:44 PM

Quote:

Originally Posted by chanduv23
Get copies of your 140 approval and labor filing papers. Look for a job and transfer h1b , you will get 3 years transfer/extension based on yiour approved 140.
Once you settle down in your new job, apply for new Labor in PERM (preferably EB2) , and you can port your earlier priority date.

Yes, thats true. I was wrong in mentioning April 2008. You might get a new H1 for 3 years based on approved I-140

pcs 02-08-2007 04:48 PM

You are fine . IV guys are with you !!!!!!
 
Are you not happy, you are not alone. Do not worry at all just file your H1 in time & you will get extension for 3 more years.

Do post your key details here & I am sure some IV guy can help you hook up.


Please do not forget to spread good word about IV.

If you want job in Detroit area, send me a PM & I can hook you up with some nice HR guy..

rb_248 02-08-2007 04:56 PM

Quote:

Originally Posted by chitta123
I am in a lot of stress. Please help out if possible.

Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

Gurus please help. I will be grateful.

Thanks

Dont worry. You are not the first person to face this situation. You will come out of this without any major setbacks.

Find another job.
Transfer H1-b (dont have to apply for a new one)
Request your current employer not to revoke your I-140.
With the new company apply for LC and then I-140.
Thats all you have to do.

IV folks are with you. What kind of job are you looking for? May be someone at IV could help you.


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