h1b layoff and further options


par310

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Came in the country on student visa F1b in 2002.   got Co-op and started OPT converting to H1b.

 On H1b for 14+  years. 

First company sponsored with green card process and got I-140 approval using help of Murhty Law firm.  spent 7 years at this company. 

Joined second company,  gone through green card process again and got I-140 approval again maintaining PD of Oct 2008.  spent 4 years here.

Had to leave second company and joined company  No 3.  spent 2 years

Had to leave it to join 4th company.  After about 2 years at company#4, got let go. 

So I have less than 60 days to get back in to status.

 

Options to extend stay, as i see are :

1) Find another H1b sponsoring job in a month or so. - working on actively on this option.

2) change status to visitor

3)Change status to F1b

 

Questions:

0) If  I do get job offer from H1b sponsoring company, will the be issue in H1b porting given that my priority date is current now ? Will I have to leave country and come back with visa ? [my latest visa has expired by now and I94 is valid til 2019]

1) is there any other practical options to stay and continue to earn in the country?

2) What are challenges in switching to visitor visa and back to H1b ?  will this subject to cap limit of H1b ?

3) Given the time crunch of 60 days , what else I can do now to maintain lawful presence beyond 60 days ?

 

Experts, please comment at your earliest. 

 

 

 

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  • 2 weeks later...
On 3/24/2018 at 6:55 AM, pontevecchio said:

If your dates are current, find another GC sponsor to do a concurrent filing or get one of the other GC sponsors to join them as the dates are current.  Why cannot you go back to one of your GC sponsors.?. If you have burnt your bridges, at least discuss any options with a lawyer.

Do you mean new company can file I140 and GC together without going through first stage since dates are current ?

Unfortunately one of the companies who sponsored my GC process and got I140 approval is no longer in the business . Second company who sponsored  and from where i got second I140 approval has changed policy to not to employ anyone on H1b.

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