Results 1 to 2 of 2
  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default H-1b (6 Yrs) Expiring in 1 Year, Perm Pending, Laid Off is Coming

    Dear Sir,

    My H-1B 6-years will expired on Nov 2010. PERM was filed on April 2009. My supervisor told me that huge lay off is coming, and suggested to start looking around.

    1. If I can find a new employer, can I do H-1B transfer, and eligible for H-1B extension after 6-years? How about the pending PERM?

    2. Assuming I find a new employer, and a new PERM will be filed on Feb 2010, I understand that I need to leave US on Nov 2010, but can I still work for this employer while I'm outside the US (while waiting until my H-1 can be extended on Feb 2011)?

    3. If I remain is US, change my status to B1/B2, and switch back to H-1B, will it considered start over a fresh H-1B (thus resetting the 6-years extension limit)?

    Many thanks before.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: H-1b (6 Yrs) Expiring in 1 Year, Perm Pending, Laid Off is Coming

    1) Read here and here. The PERM is not transferable, your new employer would need to file a new one.

    2) No.

    3) No. In order to reset the H1B clock, you need to remain outside the US for at least one year.

    You should really be discussing your situation with an immigration attorney in your area.

    1. Sponsored Links
       

Similar Threads

  1. Unemployment Benefits: Collected Unemployment for Most of Last Year, May be Laid Off Again
    By texasdionne in forum Employment and Labor
    Replies: 1
    Last Post: 02-24-2011, 10:11 AM
  2. Laid Off in Violation of a One Year Verbal Contract
    By rickjames1011 in forum Employment and Labor
    Replies: 1
    Last Post: 04-12-2010, 03:37 AM
  3. J Visas: J1 Visa Expiring - Coming Back with a Tourist Visa
    By sapys in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 05-22-2009, 06:27 AM
  4. Non-Compete Agreements: Laid Off with 2 Year Non Compete
    By mhusharvey in forum Employment and Labor
    Replies: 3
    Last Post: 01-23-2009, 12:51 PM
  5. H Visas: Changing Last Name with Pending PERM Application
    By maana in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 11-15-2008, 06:50 PM
 
 
Sponsored Links

Legal Help, Information and Resources