Bankruptcy Chapter 11

[champswc2011]

Hi,

1) In the event of layoffs due to Bankruptcy under Chapter 11, Can approved I-140(approved in Mid 2015) be used to transfer to another employer? Or will I-140 becomes invalid?

2) Can 60-day grace period for H-1 be used in the case of layoffs due to bankruptcy(underlying petition valid until late 2019)?

3) How is 60-day grace period counted? From laid-off date to future company H-1B receipt date?

Thank you in advance!
 

[pontevecchio]

1. You can find a H1 sponsor and later on ask them if they will file your GC. You retain the PD in this case.

2. Yes.

3. I suspect that this is from the date of layoff.

 

Did you ask your supervisor/HR as to the future direction of the company which may very well be reorganized in future and they may even want you back depending on your credentials.

[JoeF]

An I-140 is employer-specific, it can never be transferred.

A new employer would have to start the process from scratch. The only thing that can be reused from the old I-140 is the PD.

The grace period is always counted from the day of layoff.

[champswc2011]

2 hours ago, JoeF said:

An I-140 is employer-specific, it can never be transferred.

A new employer would have to start the process from scratch. The only thing that can be reused from the old I-140 is the PD.

The grace period is always counted from the day of layoff.

Thanks for the reply JoeF.

I would like make my first question clear. 

Will Chapter 11 automatically invalidate the approved I-140?  Can this approved I-140(approved in Mid 2015) be used to do H-1B transfer to another employer? The beneficiary is 8th year into H-1B.

 

[champswc2011]

4 hours ago, pontevecchio said:

1. You can find a H1 sponsor and later on ask them if they will file your GC. You retain the PD in this case.

2. Yes.

3. I suspect that this is from the date of layoff.

 

Did you ask your supervisor/HR as to the future direction of the company which may very well be reorganized in future and they may even want you back depending on your credentials.

Thanks for the reply Pontevecchio.

The layoffs have not happened yet, I am trying my best to gather info so I can make better decisions. If still employed by the company in the same role as petitioned with _no_ changes to job duties, what is the impact on current H-1 due to Chapter 11? Will an H-1B amendment necessary?

Thank you!

[Bissa]

Aren't you eligible for an EAD under compelling circumstances?