Urgent -- Please Help!!!

[xpistosh]

I have been with a company for about 7+ years and had my PERM and I-140 approved. The priority date is February 2006, which is about 5 months away (looking at the visa bulletin for EB-3 category). Unfortunately I got laid off.

However, I spoke with my employer and mentioned to them about my situation. The CEO mentioned that he would help me out as long as the company can survive. But he also mentioned that he would not be able to pay me - or pay me a dollar to keep me on the books to show that I am still working with them. However, he also suggested that I look for a new job ASAP.

My questions --

1) While I am looking for a new job, and the employer trying to help me out -- what happens to my H1-B and what happens to my GC process, which is so close?

2) Can I look for another employment? If I get another job -- do I need to start the GC process all over again or is there ANY benefit to having the prior PERM and I-140 approved? Is there anything I can port to the new company or tell them that I can port that may help them ease their tension about hiring someone who needs sponsorship?

Thanks.

[shervin143]

1) While I am looking for a new job, and the employer trying to help me out -- what happens to my H1-B and what happens to my GC process, which is so close?
>>> You need to find a new employer who can transfer your H1B. You are considered out of status on H1B immediately after your last day of payroll. For a successful H1B transfer you need to have the latest pay slips. So you need to find a new employer asap. You need a copy of your I-140 to do an H1B transfer after completing 6 years in H1B. Make sure the employer doesn't revoke the I-140 until you find a new employer.

2) Can I look for another employment? If I get another job -- do I need to start the GC process all over again or is there ANY benefit to having the prior PERM and I-140 approved? Is there anything I can port to the new company or tell them that I can port that may help them ease their tension about hiring someone who needs sponsorship?
>>> Yes, the new employer will need to restart the GC process. However, you can recapture the priority date from the previous labor to file I-485. Get a copy of the I-140 from the previous employer.

[xpistosh]

When you say, "the new employer will need to restart the GC process" -- do you mean that they need to restart from the PERM or just the last step of the GC, the I-485?

Is there anyway to not go back to the PERM processing at all if I go with a new employer?

I already have a copy of the I-140 with me from the previous employer and they are not calling it off either. So to transfer the H1-B -- what else (other than the I-140) would I need?

[shervin143]

When you say, "the new employer will need to restart the GC process" -- do you mean that they need to restart from the PERM or just the last step of the GC, the I-485?
>>> Restarting the GC process means starting all the way from PERM.

Is there anyway to not go back to the PERM processing at all if I go with a new employer?
>>> No other option. It isn't so bad. PERM might take a maximum of 3-4 months to get cleared. Then if your priority date is already current (from the previous labor that you hold) then you can file I-140 and I-485 together.

I already have a copy of the I-140 with me from the previous employer and they are not calling it off either. So to transfer the H1-B -- what else (other than the I-140) would I need?
>>> In your case, a copy of the form I-140 and the documents listed in the below thread.
http://www.immihelp.com/forum/showthread.php?t=75721