Urgent - Laid off, 6th year H1B, Perm Pending

[sree_ma]

Hello all,

 

I am in my 6th year of H1B (started first H1 in Oct 2008) and haven't traveled outside US since then (no time to recapture).

my 6th year H1B expires by Oct 1 2014 (this year).

 

My employer has already filed a PERM application in my 5th year (AUG 2013). But as of today, it's still pending, expecting to be approved hopefully in next 4 months (MAY 2014).

 

Unfortunately my manager has informed yesterday that my group is being laid off entirely because of re-structuring.

 

Additional Info:

My husband is also in H1B, he has approved PERM and I-140 and H1B extension till Feb 2016

 

 

What are my options to ensure continued employment in US on H1B ? as my group is now laid off?

 

1. My current employer has mentioned that they are willing to help. Can they file an I-140 after the perm approval? even though I wont be on their pay roll any more? (no paystubs after layoff)
2. Can I use the Perm approval (after it gets approved from current employer)  and transfer to another employer? will I get one year (7th year) H1B extension.
3. Even If I transfer and start PERM with new employer, my 6th year H1B will expire by Oct 2014, I dont think I will get my PERM approval by then. Can I go to H4 and wait until PERM gets approved and then get back on to H1

 

I cannot travel outside for any recapture as I am pregnant (6th month now)

 

 

Appreciate your responses.

 

[jairichi]

Hello all,

 

I am in my 6th year of H1B (started first H1 in Oct 2008) and haven't traveled outside US since then (no time to recapture).

my 6th year H1B expires by Oct 1 2014 (this year).

 

My employer has already filed a PERM application in my 5th year (AUG 2013). But as of today, it's still pending, expecting to be approved hopefully in next 4 months (MAY 2014).

 

Unfortunately my manager has informed yesterday that my group is being laid off entirely because of re-structuring.

 

Additional Info:

My husband is also in H1B, he has approved PERM and I-140 and H1B extension till Feb 2016

 

 

What are my options to ensure continued employment in US on H1B ? as my group is now laid off?

 

1. My current employer has mentioned that they are willing to help. Can they file an I-140 after the perm approval? even though I wont be on their pay roll any more? (no paystubs after layoff)
2. Can I use the Perm approval (after it gets approved from current employer)  and transfer to another employer? will I get one year (7th year) H1B extension.
3. Even If I transfer and start PERM with new employer, my 6th year H1B will expire by Oct 2014, I dont think I will get my PERM approval by then. Can I go to H4 and wait until PERM gets approved and then get back on to H1

 

I cannot travel outside for any recapture as I am pregnant (6th month now)

 

 

Appreciate your responses.

Based on PERM pending for more than 365 days a new employer can file a cap exempt H1B petition and extension in Aug 2014 and on approval you would get 1 year extension. 

[pontevecchio]

You can change to H4 status a few days before the H1 status ends. You can look for another employer to start the GC process. Then you can get further extensions based on pending PERM or I-140 365 days, or approved PERM. LABOR/PERM is employer specific. Under the circumstances they may not even go ahead with the PERM. If they will and will file an I-140 for future employment with them then you can get H1 extensions based on that. You seem a trifle unsure of facts. I would discuss the whole issue with a Lawyer and soon.

[psramkumar]

better option is send a Maternity Leave for 6 or more months and ask them to inform USCIS regards the same if possible

 

meanwhile everything will be in good shape..

 

take necessary steps after you delivery, based on the available options.

 

 

 

good Luck.

[jairichi]

better option is send a Maternity Leave for 6 or more months and ask them to inform USCIS regards the same if possible

 

meanwhile everything will be in good shape..

 

take necessary steps after you delivery, based on the available options.

 

 

 

good Luck.

Allowed maternity leave is from 6 to 12 weeks and not 6 months or more.

[JoeF]

better option is send a Maternity Leave for 6 or more months and ask them to inform USCIS regards the same if possible

 

meanwhile everything will be in good shape..

 

take necessary steps after you delivery, based on the available options.

 

 

 

good Luck.

Maternity leave is generally only possible shortly before delivery and thereafter.

And in particular, a leave longer than the default that is specified by law would only work if this is standard practice by the employer.

In other words, a person on H1 can't get special treatment that's not available for American employees.