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I-140 approved and laid off

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  • I-140 approved and laid off


    I am in EB3 (PD FEB'99) and I-140 was approved six months ago. I was on bench from 1st week of March and my employer will pay me until end of march. He is also not going to terminate my H1B. My question is:

    i) How long can i legally stay in US without getting paid by the employer and will it effect my GC processing ?

    ii) If i want to change company, within how many days i have to transter my H1B.

    iii) If i change the company, Can i use my previous employer's labour/I-140 for filing I-485 with new company ?

    iv) Is it legally vaild to work for another company for a short period of time and then again join the previous company and file I-485.

    I really need advice urjently. Any advice would be highly appreciated.

  • #2
    Re: Answer to few questions

    What if the old employer doesn't accept to take you back, or what if the process gets delayed, but the old employer takes you back?

    I am in the same situation.

    Wouldn't there be any other alternative?

    1. Can one extend his H1 for the 7th year(if his I-140 is approved, and PD is current), forced to change job before he files I-485.

    2. Can one utilise an existing "unused" Labor or Labor&I-140 with the new company?

    Your responses are greatly appreciated.
    Thanx in advance.


    • #3
      I think you may be able to apply for I485 under the law 245i, which says that if you have filed for lc or i140 before April 2001 and you stayed in U.S on Dec 21st 2000 , you can file for I485 with an additional $1000 to the INS.
      Please consult a lawyer about this .