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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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  #1 (permalink)  
Old 03-27-2009, 10:37 PM
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Aug-05
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EB3
I140 Mailed Date
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03/08/2005
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ak77 is on a distinguished road
Default Immigration advice required

Hi,

Iam posting this for my friend.His case is as follows..


H1(6th year) and employment is ending by end of april.Company going Bankrupt.In other words by end of april he finishes his 6 years tenure on H1 and he is getting laid off in the same month.However greencard labour and I140 is approved with the same company.Now the question is if he finds another job can that employer file his H1 using his approved labour and I140???


Thanks in advance.

-A.Kumar
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  #2 (permalink)  
Old 03-28-2009, 03:10 PM
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May-07
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08/10/2007
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validIV will become famous soon enough validIV will become famous soon enough
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Here is the million dollar question: When was his LC filed and his I-140 approved?
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  #3 (permalink)  
Old 03-28-2009, 09:39 PM
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Sep-04
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I140 Mailed Date
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06/29/2007
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kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold kiran_k02 is a splendid one to behold
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Quote:
Originally Posted by ak77 View Post
Hi,

Iam posting this for my friend.His case is as follows..


H1(6th year) and employment is ending by end of april.Company going Bankrupt.In other words by end of april he finishes his 6 years tenure on H1 and he is getting laid off in the same month.However greencard labour and I140 is approved with the same company.Now the question is if he finds another job can that employer file his H1 using his approved labour and I140???


Thanks in advance.

-A.Kumar
I hope he has EAD, if he does (also I-485 should be pending for at least 6 months) then do AC21 and accept employment with the new company on EAD and ask them to do H-1B after consulting with attorney.

Even if he does not have EAD right now, ask him to apply as soon as possible. I have heard that paper based EAD application is getting approved faster, with all the necessary documentation to avoid any RFEs(hence potential delays).


I Wish your friend good luck.

KK
__________________
------------------------------------------------------
PD Sep, 2004, India
I485 --Pending since Jul, 07, AD Sep 1, 2009.
I140 -- AD -- Jun 02, 07.
AP Renewal -- AD Dec 10, 08.
EAD Renewal -- AD Nov 22nd, 08 valid till 2010.
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  #4 (permalink)  
Old 03-29-2009, 03:40 AM
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Quote:
Originally Posted by ak77 View Post
Hi,

Iam posting this for my friend.His case is as follows..


H1(6th year) and employment is ending by end of april.Company going Bankrupt.In other words by end of april he finishes his 6 years tenure on H1 and he is getting laid off in the same month.However greencard labour and I140 is approved with the same company.Now the question is if he finds another job can that employer file his H1 using his approved labour and I140???


Thanks in advance.

-A.Kumar
You need to provide some more information before you will know proper answers.

Has your friend applied for 485 already ? If he has, then using EAD and AC21 would be a possible alternative as suggested before.

If your friend hasnt applied 485 yet, then given that his 140 is approved, he was eligible for 3 year h1 extension and he should had filed it a couple of months back. If H1 is expiring in April, he was eligible to file for extension in Nov.

At this point, to get a transfer to another company, the minimum paperwork he will require is a copy of the approved 140. Also, in future , if he wants to port his PD to another green card application, he would need the 140 approval copy. If your friend has to go this route, I'd suggest him to get a copy of the 140 approval ASAP and look for another job and have his H1 transfered.
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  #5 (permalink)  
Old 03-29-2009, 03:45 AM
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Originally Posted by validIV View Post
Here is the million dollar question: When was his LC filed and his I-140 approved?

As far as I know, either your labor should be *pending* for more than a year OR your 140 should be approved to get H1 extension after the sixth year. In the OP's case, 140 is approved, so there is no million dollar question here. Well if we really have to create one, it would be does he has a copy of the approved 140. He will require it to extend his H1 beyond six years ( and hopefully OP files his H1 transfer in premium process so that he has everything set in place before his current company closes down ). Also, he will require it ( not mandatory although it makes the process very simple ) to port his current PD to a new gc application.
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  #6 (permalink)  
Old 03-29-2009, 05:55 PM
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san_smi is on a distinguished road
Default

Hi All

Thanks for answering the questions. This message was posted by my friend on my behalf.


Here is a detail description of where I stand.

1. My 6 year H1-B term is ending on April 30th 2009. (04/30/2009)
2. My current company will be defunct on April 30th 2009. (04/30/2009). I am still on payroll and will continue to be on payroll till 04/30/2009.
3. My labor and I-140 has been approved. My priority date is 1st April 2008. (04/01/2008)
3.1 The I-140 was filed in August 2008 and moved into premium processing in March 2009 and got approved in a week.
3.2 I can easily get a copy of the approved I-140 and Labor certification.

4) Since the PD is not current I am not eligible to file 485 or EAD or AP... so... No I have not filed I-485.

Given the above scenario what are my options?
Am I still eligible to transfer my H1-B to a new employer?
If yes then kindly let me know what the basis would be or what the process would be and for how long the *new* H1-B can be extended i.e., 1 or 3 years?
What happens to my green card processing?

Any feedback will be greatly appreciated.

Regards.
SS

PS: what does "OP" mean?

Last edited by san_smi; 03-29-2009 at 06:09 PM.
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