Approved I140

[nikhil0425]

Hi there, 

My Employer filed my Green card processing under Eb2 and Two days ago my I140 got approved. However the organization that I am working right now is not doing well. They may layoff people at any time. What happens if I got laid off next month. Can I still retain my priority date?  I am on my 5th year of H1b now. 

Also what happens if the Employer goes bank bankruptcy will it effect the GC processing?

Thanks,

Nikhil

[pontevecchio]

You would usually retain the PD.

[nikhil0425]

What I heard was that, we can only retain the PD only if we have I140 active for 180days. 

In my case it may not possible as I may get laid off before 180days and the employer may revoke the I140.

Also I heard a clause that if the employer goes bankruptcy and an employee has an approved I140, then employee is eligible to apply 485 GC EAD directly. Is that right?

[pontevecchio]

That is simply not true. In the absence of manifest fraud, you retain the PD. The new rules are about H1 extensions.