Laid Off! Need Help Please


rocky4543

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Hi Guys,

I need some expert advice as i am in a very difficult situation and got laid off this morning.

My Green Card was filed by my direct employer (big financial firm) with priority date of Aug/2010 under EB3 Category.

Have my I-140 approved in Jan/2011 and have also got an 3 yrs H1B visa extension/ visa stamped in passport for next 3 yrs with validity till May/2014.

- How much time do i have to transfer my H1B to a new company? (I was told by HR folks that i will be on the payroll for next 2 weeks).

- Can i port my Priority date from this company ? (I was told that they will not revoke my I-140 but at the same time i don't have an approval copy of the I-140)

Thanks in Advance...

- Rocky

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Based on an approved I-140 you are eligible for 3 year extensions of H1 status beyond the initial total of 6 years and with any employer. You shoul hope they ndo not revoke the I-140 before you get your three year extension.

I have already got my 3 year extension and also have a stamped visa in my passport which is valid till May 2014.

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having a i797A validity/visa stamped in your passport does not mean you are eligible to stay on H1B if your employer is laying you off. considering above comments, you have 2 more weeks to transfer (pretty much like applying for new one) to another company. your new H1B petition will decide how it is going to be valid and your existing H1B petition from financial firm will be voided assuming your transfer goes through fine with new company.

if you've decided to go back to your home country,your big financial firm should pay all your expenses for your return.

nobody knows when a company will revoke i140. I would strongly suggest get a copy of I140,the case # and the A # on I140.with above details atleast you can do a FOIA request to USCIS. Yes you can port your priority date either to EB3 or EB2 with new company if you qualify.

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