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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 11-27-2008, 04:58 PM
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Halfticket is on a distinguished road
Default Laid off, H1 Transfer and GC query

So I recently got laid off from a big four consulting firm. Thanksfully Ive found another employer who has filed my H1 Transfer on PP. I am on my 5th year of H1b and have about 15 months remaining till the 6th year expires. I believe you have to apply about 365 days in advance to get your 7th year H1B extension and you also need to have your Green Card labor stage "filed" by then. So apparently with that in mind I have to get both of these done in the next 3 months in order to qualify for the 7th year H1B extension. Can anyone please confirm this ??

Also, Per a note from a lawyer from another site, the rule is

"A company can file a PERM case to sponsor someone when there have been layoffs in the economy. The difficulty arises though when a company has its own layoffs within 6 months prior to filing a a PERM case in related occupations, then the laid off workers generally must be considered for the position before the company is permitted to conclude there are no qualified U.S. workers -- the prerequisite to filing the PERM case. "

IF this is true then maybe it was a good thing I went through the layoff because I had just initiated a GC perm process by seding in my paper work to the big four consulting firms law offices and there was a high probability my labor would have been denied since there are rounds of layoffs going at the company right now.
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Old 11-28-2008, 01:32 AM
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Default

102 views and not a single reply ?? Common.
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Old 11-28-2008, 10:25 AM
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Feb-04
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yes, i believe what you have said in first para seem right to me, if you would like to stay and work here in US after your 6th year of H1B expiry. Im pretty sure there are experts who can answer you in detail. At the same time search other appropriate threads where this could be already answered.

May be ppl busy with black friday shopping.
One day break on matters, other than personal :-)
__________________

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EB3: INDIA: PD feb04

I-485 (mine) : filed: dec04 / approved: aug07
I-485 (spouse) filed aug07 / approved dec15

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