7th year H1b Layoff

[nath123]

• My Current Company A - Approved EB3- I-140 date 10/1/2016.
• My 6-Year H1B completion will be on 3/10/2018.
• I have company A- valid I-797 with I-94 attached Till Sep-2018 (9/30/2018).
• I will be lay off from company-A in 15-April-2018. (04/15/2018) - 7th year H1B

Question:

1.) If company B file extension based on company A- I-140, How soon (days) should company B start to file EB2- GC process based on A's I-140 priority date.?

2.) Is there any mandatory time for Company B to initiate EB2-GC process for a person with Approved EB3- I-140 from Company A?

3.) what are the risks of being unemployed for 30 days if i don't find an employer B,? (knowing that we need to find new employer with in 60 days of layoff)

4.) if I want to switch to Company C, during the Transfer to company B, what should i keep in mind?

 

 

[care_candidate]

nath123,

Looks like this company A is trying to avoid proceedings of GC by laying you off. There may be other reason but timing is awful.

1.With company B, first you have to start H1b showing that you have I-140 approval. GC can be slightly delay but preferably soon before you current H1b expires. If not then before your I-94 expires. Explain situation to them, & their attorney will understand if you do your job of explanation. 

2. No but normally when you have 6 years of experience, you may qualify for EB-2 and request USCIS to capture same PD, along with your new I-140 application. I hope you know that you have to start GC process from scratch.

3. Per rule, when you get layed off you get 60 days before you leave country. That is still applicable and you may have to leave country no matter what. But when you have offer for next job you may come back in and follow what I listed in 1 & 2.

Hire a good attorney right now, that is my first advice!

Good luck

[pontevecchio]

1. 2. As you are aware your I-140 has been approved for more than 6 months. Hence you are entitled to H1 extensions with any employer till the EB3 PD is current even if that I-140 were to be revoked unless for fraud. SO B can file anytime before the current EB3 Priority date is current. Companies usually want to look at you for a few months or an year to decide on sponsoring you.

3. The risk is consular processing if you find a H1 sponsor later on.

4. Presumably everything is kosher and you can work for any company with an approved H1 petition for you by leaving and returning with the H1 visa if a "transfer" is not allowed.

Also the job requirements and your credentials both have to match for EB2.