H1B is 6th year, PERM pending. Chances of being laid off

[shoukath]

Hi,

I'm in my 6th year of H1B, which expires in May 2016. My PERM was filed on March 2015 and is still pending. Now, my company is being taken over and the new company has hinted that they may lay off employees. I wanted to know what my options would be if I'm laid off. Do I have no option but to return back? Is there any way to get 1 year extension and transfer my H1B to another company? Any replies would be appreciated. Thanks.

[jairichi]

Nothing other that to leave US. If your spouse is on H1B or L1 you can move to dependent status.

[gsaneja]

This just dropped in my email newsletter from muthy.com regarding getting extension beyond 6 yrs 

 

http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/?utm_source=MurthyBulletin&utm_campaign=a08e20846a-MurthyBulletin+%3A+Vol.+XXI%2C+no.+39%3B+25.Sep.2015&utm_medium=email&utm_term=0_b68c057087-a08e20846a-267311597

 

Options if LC Filed in Sixth Year

If an LC is filed once the sixth year of H1B status has begun, there are a number of possible options and outcomes. Some of these possibilities are described below, based upon the following example:

Mr. Kumar, a national of India, works at Smart Experts, Inc. His six years of H1B time ends January 4, 2012. His company is going to file his LC on May 4, 2011.

In this example, Mr. Kumar's six years will end before his LC will have been pending for at least 365 days. The possibilities are as follows.

Option 1, Best Possibility: Fast Approval

If the LC is approved quickly, then Mr. Kumar's employer could file an I-140 petition and request premium processing of that petition. If the I-140 is approved before Mr. Kumar's six years ends, he then would be eligible for a three-year extension of his H1B status based on the AC21 rule permitting three-year H1B extensions.

At the time of this writing, Option 1 is realistic in many cases. As reported in our March 18, 2011 article, PERM Processing Times Substantially Reduced (18.Mar.2011), LC processing has become much faster than in the recent past. In some instances LCs are being approved within a few days or weeks of filing, if there is no U.S. Department of Labor audit on the case. This allows such a case to move forward for filing and, hopefully, approval of the I-140 petition.

A variation of Option 1 would be for the LC and I-140 petition to be approved shortly after the end of Mr. Kumar's six years. In this event, he would be able to get three additional years of H1B time if he left the United States at the end of his six years or changed to another nonimmigrant status, such as H-4, in the interim and remained in the U.S. It is safest to discuss these options with a knowledgeable lawyer to ensure that there is a clear understanding of the options and risks. The U.S. employer would likely have to be involved in these discussions as well.

[jairichi]

This just dropped in my email newsletter from muthy.com regarding getting extension beyond 6 yrs 

 

http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/?utm_source=MurthyBulletin&utm_campaign=a08e20846a-MurthyBulletin+%3A+Vol.+XXI%2C+no.+39%3B+25.Sep.2015&utm_medium=email&utm_term=0_b68c057087-a08e20846a-267311597

 

Options if LC Filed in Sixth Year

If an LC is filed once the sixth year of H1B status has begun, there are a number of possible options and outcomes. Some of these possibilities are described below, based upon the following example:

Mr. Kumar, a national of India, works at Smart Experts, Inc. His six years of H1B time ends January 4, 2012. His company is going to file his LC on May 4, 2011.

In this example, Mr. Kumar's six years will end before his LC will have been pending for at least 365 days. The possibilities are as follows.

Option 1, Best Possibility: Fast Approval

If the LC is approved quickly, then Mr. Kumar's employer could file an I-140 petition and request premium processing of that petition. If the I-140 is approved before Mr. Kumar's six years ends, he then would be eligible for a three-year extension of his H1B status based on the AC21 rule permitting three-year H1B extensions.

At the time of this writing, Option 1 is realistic in many cases. As reported in our March 18, 2011 article, PERM Processing Times Substantially Reduced (18.Mar.2011), LC processing has become much faster than in the recent past. In some instances LCs are being approved within a few days or weeks of filing, if there is no U.S. Department of Labor audit on the case. This allows such a case to move forward for filing and, hopefully, approval of the I-140 petition.

A variation of Option 1 would be for the LC and I-140 petition to be approved shortly after the end of Mr. Kumar's six years. In this event, he would be able to get three additional years of H1B time if he left the United States at the end of his six years or changed to another nonimmigrant status, such as H-4, in the interim and remained in the U.S. It is safest to discuss these options with a knowledgeable lawyer to ensure that there is a clear understanding of the options and risks. The U.S. employer would likely have to be involved in these discussions as well.

 

This was based on quick approval of PERM in 2011. No more quick approval of PERM. OP's case is not that easy as in the initial posting it has been mentioned that there is a possibility of layoffs. In addition to that OP has no idea whether new company will proceed with his PERM that is in process.