Urgent Job loss advice - EVC H1-B w/approved I-140


boilerdam

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Asking for a friend... he's about to lose his job in 2 weeks with a client on an EVC model. He has had an approved I-140 with the employer for 2 years and the petition has the employer's name. 

When he loses the client, would he become out-of-status..? I ask this because the petition & visa are tied to the employer. Is there a risk of losing H1-B & priority date..?

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client lose doesn't lead to OOS, but if client loss leads to employer firing him, then yes he will be OOS.

he will have 60 days to find another employer and join that company. On basis of his approved I40, he should be able to get 3 yr H1b.

he will not loose his PD, but new employer will have to start his GC from PERM.

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No, the 60 days is about if he gets laid off. Losing a project is NOT being laid off. If he is not laid off by his employer, the employer has to continue to pay him, even if he doesn't have a client/project. Not getting paid by the employer result in immediately being out of status. If he doesn't get paid by the employer, he needs to file a complaint with DOL on form WH4, and should look for another employer. And he should avoid anything with middle vendors.

 

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