Layoff after I-140 approval, I485 not filed

[bclara]

There are layoffs looming in our company and I want to explore options just in case.

I am on H1B in 6th year, have EB2 I140 approved from current employer. I485 not filed as priority date not current and will not be for 2-3 years per current processing times.

What options do I have if there are layoffs:-

1) Find another job and do H1 transfer based on approved I140. How much time do I have to get another job ?

2) Can I file H1 to B2 status ? I have approved I140 which shows immigration intent?

3) My spouse in on F1 OPT, can I still transfer to F2 given that she has completed studies but will be on OPT for a year. Her employer may not file H1 for her for another year.

4) Any other viable options to maintain stay in US legally ??

Appreciate your inputs!!

[Attorney_19]

These case specific questions are best answered in the context of a standard legal consultation with a knowledgeable immigration lawyer.

The Murthy Law Firm has experienced lawyers who can provide case specific legal advice for a foreign national employee facing a lay off.

[Transformer]

The best option would be to find another job before you are laid off and do H1 transfer based on your approved I-140. Ofcourse you need to start your GC from scratch with your new employer. You can port your earlier PD.

Probably there are other options and discuss with an experienced attorney.