I-140 Approved and lost job. Please HELP!!!

[tp126]

My I-140 was approved and I was waiting for PD to become current. I am in EB3 with PD of Jan 98. Now I lost job. I have only year and 1/2 left remaining on H1.
What are my best options?

[chagangc]

find job quickly

Find new job ASAP. It does not take long now a days for LC + I-140. File LC same time filing H1 (need to make deal with employer). Try to recapture your priority date. You need copy of I-140 approval and your old employer should not cancel application. Try to apply LC for EB2 if you meet requirements.

[tp126]

Re: find job quickly

Thanks for your reply.
I have a total of 17 years of experience and 4 years in current job. I can apply for EB2.
What would it take for LC to approve if filed simultaneously with H1? I am in Atlanta with Texas SC.
My previous employer has agrred to retain the old LC & I-140.

Please help.

Thanks again

[chagangc]

Re: find job quickly

LC can be filed even if you are not employed for employer and also I-140. You need to be employed when you file for I-485 or do consular processing. I see no problem with getting LC approved in EB-2 category same time H1 filed. Aslo with new rule, you need not to wait for H1 approval to join new company. Just file H1 papers with INS and after getting receipt join new company. This may save sometime for you. Also, it may take approx. 2 months to prepare LC paper work. So you may be already employed for new employer when LC filed.

Act fast and make sure to follow up with lawyer for status (leave no chance for mess)

Good luck.

[tp126]

Re: find job quickly

Thanks again.
Can I request my employer to review their decision. I had good performance record. Can they keep me employed? As you said that "I need to be employed at the time of I-485).
That way, I will be able to file for I-485 when the date becomes current. With the new law, it is likeley that all dates be current in next six months for EB3. But I guess, I will not be able to work for new employer.

Also, how long it may take LC to be approved even if I start the process at the time of filing for H1?

Shreekant.

[gimme gc]

Don't Worry! Here is what you can do

I don't see any use asking the employer to retain you, since they let you go.

Find a new job. File for H-1 and LC (EB2) at the same time. You can start working once H-1 is filed. LC RIR should take about 8 months and I140 about 4 months. Overall, you will complete your 140 stage in a year. Use your PD of 98.

[chagangc]

Re: Don't Worry! Here is what you can do

Asking emploey to keep process going may not work very well. When you are ready to file I-485, you need t ocomenack to join them and stay with them at least 6 months.

As someone suggested earlier, go with new employer and start process as earlier posting. With new rule, you can extend H1 more than 6 yrs if your LC was filed more than 1 year before 6 yrs exp. So, you should be okay. Again, to avoid further INS delay, keep in mind to do CP (deterministic timing of getting GC) rather than I-485 (variable timing 6-24 months)