6th year extension & lay off..urgent help !

[psczd4]

Hello

This is my 6th year with I 140 approved. I planned to ask my employer for an extension 6 months before my expiration but was handed with lay off letter. I will be layed off at the end of this month. I have only 6 months more left for my current visa to expire.
What options do I have here?


Thanks,
C

[Subramanya]

This is my 6th year with I 140 approved. I planned to ask my employer for an extension 6 months before my expiration but was handed with lay off letter. I will be layed off at the end of this month. I have only 6 months more left for my current visa to expire.
What options do I have here?

---- Once alaid off you are considered to be out of status. transfer your H1 immediately. You will not have 6 months of H1 after getting laid off, although your I-140 is approved. I allows you for a 3 year extension and enables you to transfer while you are in status

---- If you want to remain in status you should have applied for I-485 and have a EAD to continue staying in the US

---- Subramanya

[psczd4]

Thanks Subramanya for you reply.

---- Once alaid off you are considered to be out of status. transfer your H1 immediately. You will not have 6 months of H1 after getting laid off, although your I-140 is approved. I allows you for a 3 year extension and enables you to transfer while you are in status
--> I was under the impression that since my current employer filed for my GC they will revoke my application when i am layed off and therefore, cannot be eliglible for my 3 year extenion and will only be left with 6 months. Please correct me if I am wrong.

---- If you want to remain in status you should have applied for I-485 and have a EAD to continue staying in the US
---> Well, my priority date is Aug. 2007 and I am from India. So, was not able to apply for 485.

Thanks again!
C

[Subramanya]

---- Once alaid off you are considered to be out of status. transfer your H1 immediately. You will not have 6 months of H1 after getting laid off, although your I-140 is approved. I allows you for a 3 year extension and enables you to transfer while you are in status

---- You should immediately consult an attorney to resolve your issue

--> I was under the impression that since my current employer filed for my GC they will revoke my application when i am layed off and therefore, cannot be eliglible for my 3 year extenion and will only be left with 6 months. Please correct me if I am wrong.

---- If you want to remain in status you should have applied for I-485 and have a EAD to continue staying in the US
---> Well, my priority date is Aug. 2007 and I am from India. So, was not able to apply for 485.

Subramanya