Lay-off in a company in IT division. Does it affect the PERM filing?

[Raj Marthy]

Hi Folks,

I have a question and I appreciate any help in clarifying it.

For FYI, i am on H-1 and I will be done with my 6 years in September 2014.

I got an offer from company A in January 2013. Recently(2 weeks back) there was a lay-off in the IT division like few Network and Java Developers(software engineers) were laid off. And they offered me the position of Software Engineer.

I heard from my friends that if there is a lay-off, one MUST wait for 6 months to file a PERM/Labor. So my question is: if I join them now, do I need to wait for 6 months, that is, till September 2013 to file for my PERM?.

Or

Layoffs only stop us for 6 months in filing a I-140?

Any timely help would be of great help, as it will help me in making the decision of accepting the offer or not.

Thanks,

-Sreedhar

[t75]

YOU do not get to file for anything. There is no US in the filing. Your employer's attorney will advise him of theproper timing of any PERM applications.

If they have had a recent layoff, it is likely that they will have others. Even if you join, there are NO guarantees.