URGENT - Laid off, H1b expiring Aug-2012, Labor Approved but no I-140 - what are my options?


dhiraj.80

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Please help - urgent.

Laid off in third week of Oct-2011. H1B was maxed-out with expiry in Aug-2012. Labor Certification was approved in Oct-2011 first week, priority date in Jul-2011.

There is an employer willing to hire me - please suggest how can new employer reference old approved Labor Certification and get additional 1 year beyond July-2012 on H1? Is this possible, if yes what documents are required by new employer to do this?

If the above is not an valid option, then what are the alternatives considering that I am out of job and have only very few days to stay in legal status.

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  • 2 weeks later...

its sad when a comp lays u off at the end of a 6 yr period....it leaves u no place to go...but am sure something will work out...ure case will take time to repair...i.e. get back to america but eventually it will...

ure new comp will need to file for a GC right away on start but i dont know how likely that will be....i dont think that u will be able to get an approved LC and 140 approved before aug 2012 to get a 7th yr ext...

else.....apply for a b2 transfer stating that u need time to wrap up things...u might get 6 months extension...

else.....leave america for a yr and come back again and restart ure 6 yr deal again...

else...apply for a F1 xfer..do this soon since u will need gre/gmat/toefl valid scores and apply to unvis soon since good univs deadlines are approaching quickly.....no use in my opinion...a better option is do F1 to a community college that will take u with no gre or toefl scores....dont think this is a good idea unless ure desperate to stay in america....these are just temporary solutions...will only buy u short-medium term time....

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