I have an approved I-140 through my employer. However, I was recently laid off, and I fear the company my close entirely. If it does, will this impact my I-140?

Answer

If the company closes, the beneficiary of an approved I-140 normally still would be able to retain the priority date. Further, unless the employer withdraws the I-140 within fewer than 180 days of its having been approved, it normally still can be used for purposes of extending H1B status beyond the standard 6 year max, and for an H-4 spouse to be able to apply for an H-4 EAD. [More details on this rule are available in the MurthyDotCom NewsBrief, Overview of Final Regulation for High Skilled Workers (23.Nov.2016).] (23.Apr.2020)

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