L1B laid off with PERM filed

[Davy Chen]

Hi Dear attorney,

I'm a Chinese citizen. Worked with an employer in the U.S. with L1B visa. Got laid off in March 2023. My PERM was filed in November 2022. There should a result that if my PERM is approved last year in 2023.

My questions are:
1. If my PERM is approved by DOL, in future if I get back to the U.S. with another employer, I can re-use the Priority Date?

2. Or, I think my ex-employer won't file I-140 application for me, which means that the PD is useless for me?

3. Do you think that it worth for me to query my ex-employer or DOL to see if my PD is settled and re-usable? I have the PERM case number by DOL.

Thank you!

Davy

[pontevecchio]

This is a forum. 

1. The PD is only established by approval of the I-140 following PERM. In that case, the PD stands for a future filing.

2. See 1.

3. Ask your ex-employer whether an I-140 was filed for you. You may be able to look up the PERM on the DOL website.