I am in my 7th year in H1B status and have an approved I-140, but my company is about to lay me off. Will this impact my green card process, and can I retain my H1B?

Answer

The GC case is company-specific and job-specific. So, if the case is only at the I-140 stage, the case will end when the job and/or job offer ends. The H1B can be extended via a new employer based upon the I-140 / no visa number from the current company, as long as the I-140 is not revoked. A new job is needed, and the new employer will have to restart the GC case and, hopefully, retain the PD from the current case. (24.Aug.2015)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.