I-140 not file and got laid off !

[jg2837]

Hi,

Would appreciate if someone could advise on my situation described below.

My labor got approved in May 2011. Due to negligence on part of Dept of Labor, the job description in my I-140 filing was incorrect. The correction process took 3 months and my firm was ready to file for I-140 in early Aug 2011. Unfortunately, the Wall Street Firm I work for had layoffs and my employment was terminated last week. Also, I was about to go on maternity leave in Oct 2011 and as per the termination contract, I am still considered an employee and on pay rolls till end of my maternity leave (end of Jan 2012).

Can the firm continue filing for my I-140 considering I am still on pay rolls? I am currently on 1 yr H1 extension based on ongoing GC process. If the firm refuses to file for I-140, can I do it myself and take the process further? I am trying to explore all options to continue the GC process and maintain my status. My husband is on H1 (his I-140 is being filed) so moving to H4 would be the last option I would explore as I do want to continue working.

Thanks!

[pontevecchio]

"Due to negligence on part of Dept of Labor"

You mean Lawyer's fault.

"Can the firm continue filing for my I-140 considering I am still on pay rolls?"

They can file the I-140 up to 6 months after the PERM is approved. Being on the payroll has nothing to do with it. ASK them. You cannot file the I-140 unless you and the job qualify for EB1.

H4 would seem to be your best bet as of now. In any case talk to a Lawyer.