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  #1 (permalink)  
Old 12-24-2009, 12:04 AM
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Default H1B laid off!! Please help!!

I am currently on my 6th year of H1B and I got laid off. My last day of work will be Jan 2nd week. My current H1B is valid till Sept 2010.

I am July 07 filer and I have a EAD with my current employer. But my wife doesn't have the EAD or AP as we got married after July 07. So I cannot use my EAD as using my EAD will make her out of status.

The questions I have are:

1. The I-140 is approved for the current employer who has laid off me. Can I use that for my H1B transfer and get the approval for 3 years?

2. Since I am past I-140 stage will it be a problem?

3. If the transfer goes through. Can I use the I-140 for porting my priority date OR Do I need to file for GC again from scratch? My PD is EB3-I Nov 04.

Thanks
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  #2 (permalink)  
Old 12-24-2009, 12:31 AM
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Quote:
Originally Posted by gcforme79 View Post
I am currently on my 6th year of H1B and I got laid off. My last day of work will be Jan 2nd week. My current H1B is valid till Sept 2010.

I am July 07 filer and I have a EAD with my current employer. But my wife doesn't have the EAD or AP as we got married after July 07. So I cannot use my EAD as using my EAD will make her out of status.

The questions I have are:

1. The I-140 is approved for the current employer who has laid off me. Can I use that for my H1B transfer and get the approval for 3 years?

2. Since I am past I-140 stage will it be a problem?

3. If the transfer goes through. Can I use the I-140 for porting my priority date OR Do I need to file for GC again from scratch? My PD is EB3-I Nov 04.

Thanks
My thoughts

1. Yes. (As long as employer wont revoke that I140 you can use it)
2. No (As long as employer wont revoke that I140)
3. You no need to file GC again,
what you mean by porting ? You meant say that you want to file one more Labor and 140 with new employer ? Then yes you can port that PD.
Good luck
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  #3 (permalink)  
Old 12-29-2009, 12:20 AM
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Default H1 B laid off

The I-140 that I have is already a substitute labor.
Will it be a problem to port this I-140 as it is already a substitute labor.

Thanks,
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Old 12-30-2009, 05:44 PM
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Anyone?
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  #5 (permalink)  
Old 12-30-2009, 10:46 PM
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Default

Sorry to hear about your situation. Get yourself some good professional legal advice. Don't just depend on forum posts. Since you already have a substituted labor you need to discuss these issues before you take the next step. Also, since you are EB3 India 2004, you might have a long wait before the actual GC unless laws etc. change. Ask yourself if you are prepared to do that and go through the whole process again with a new employer. Just my 2 cents. Good luck in the New Year.
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  #6 (permalink)  
Old 12-31-2009, 02:56 AM
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Quote:
Originally Posted by gcforme79 View Post
The I-140 that I have is already a substitute labor.
Will it be a problem to port this I-140 as it is already a substitute labor.

Thanks,

Shouldn't be a problem as I-140 is already approved (I presume) however I think you need to maintain H1B status because it seems your wife is on H4 and I am not sure what will be her status if you start working on EAD.

I suggest you take professional legal help. This is too delicate a position to trust "amateurs" like us!
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  #7 (permalink)  
Old 01-01-2010, 05:12 PM
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Default Seek legal advice ASAP

Best bet is to maintain H1 status until your dates become current, so that your wife's status will not be affected. No need to start GC from scratch though. Find a job in the same or similar occupational classification and use AC21 portability to get a 3 year H1 extension.

Worst case, if you need to work on EAD, your wife need to enroll as a student to seek an F1 status or need to find a job to get a H1 status, depending on what works best for her. Regardless, seek a legal advice ASAP.

Good Luck! Happy New Decade!
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