Request Advice

[donbaba]

Hi,
I am currently on H1B with I140 approved by my employer and my priority date is June'06 in EB2 ( which is month away from being current).
However my H1 is expiring in another 4 months, and there are scene of lay-off in the company.
So I am not sure whether they will apply for my extension of H1-B. and even if they do there might be a chance that I will be out of Job before it gets approved.
I was planning to move to a different company, but HR from there asked me how many months I have remaining on H1B. After that never heard back from them.
I dont have I140 approval from current employer with me, and when asked to the lawyers, they denied giving it to me.So even if leave this company, I might have to loose Priority date. Is that correct.

Considering my situation, what will you advice me to do to remain in status in US.

Thanks
****

[Subramanya]

I am currently on H1B with I140 approved by my employer and my priority date is June'06 in EB2 ( which is month away from being current).
However my H1 is expiring in another 4 months, and there are scene of lay-off in the company.
So I am not sure whether they will apply for my extension of H1-B. and even if they do there might be a chance that I will be out of Job before it gets approved.
I was planning to move to a different company, but HR from there asked me how many months I have remaining on H1B. After that never heard back from them.
I dont have I140 approval from current employer with me, and when asked to the lawyers, they denied giving it to me.So even if leave this company, I might have to loose Priority date. Is that correct.

Considering my situation, what will you advice me to do to remain in status in US.

---- If you have the I-140 approved you can at least get the receipt numbe rof approval of the I-140 if not the actual petition of I-140. that way you can inform the future employer/attorney to check the status
adn that can be to your advatage

---- As a result you can claim your PD and transfer your H1 to the future employer

---- Also, you can apply for an EAD if the H1 extension/renewal does not come through you can still work with your EAD.

---- speak to an attoreny to ensure that all these matters are inorder and you should be able to come out of alll this

Subramanya