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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Loss of Job During Green Card Process

    My company transferred me to the United States on an L1A Visa and have since agreed to sponsor my Green Card. Just a couple of weeks ago we finally submitted the petition along with the appropriate fees.

    Now, due to the economic conditions, they have decided to close our department which will result in the elimination of my position within the next 60 days, and do not have another position to transfer me to?

    Will this affect the process? Can I be severed by my company and still continue on with the Green Card process? Could I still get my authorization to work permits and move on?

    Also, I have other organizations that are now interested in hiring me. Can they sponsor my H1B Visa while I am in the Green Card process?

    Lastly, if a company sponsors my H1B Visa, do they have to hire me? What if they have intent to hire and want to take advantage of the April 1st submission date being just around the corner, but then decide not to create the position. Do I still get the H1B visa therefore allowing me to solicit sponsorship from another company, without having to go through the April 1st process again?

    Any help with any of this would be greatly appreciated.

    Thanks,

    NewToUSA
    Florida

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Loss of Job During Green Card Process

    You will need to find a new H1B employer to remain in status. If you don't have one, you have an (informal) ten day period to wrap up your affairs and leave the country.

    We have no way of knowing if your new employer will either qualify to sponsor you for a Green Card, or be interested in continuing that process for you. You would need your new job to be in a similar occupational classification. But most important, you need your I-140 to be approved before you change jobs, and to have had your I-485 pending for 180 days. If that's not your situation, I suggest consulting an immigration lawyer about your options.

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