QUESTION

What happens if you get laid off from a company that sponsors your visa?

Asked on Dec 01st, 2010 on Immigration - California
More details to this question:
I have been working this company for over 7 years, but I am afraid I will be on the list after new year. I filed my I-485 adjustment back in July 07 and waiting for my priority date Aug 06. I currently have valid working permit and I-131 advanced parole but not H-1B visa anymore.
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3 ANSWERS

I am sorry to inform you that if you lose your job, your green card application goes out along with it. However, there is an exception. You may want to look into AC 21 which may allow your green card application to be transferred to a new employer. My best advice is to search for a new employer now.
Answered on Dec 03rd, 2010 at 5:28 PM

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If you are laid off but are able to find a new job with a new employer in the same or similar job classification, you should be able to port your I-485 on the basis of AC21. Please feel free to contact me directly with any additional questions or if you need assistance with this matter.
Answered on Dec 02nd, 2010 at 8:58 PM

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Immigration Attorney serving Torrance, CA at Marie Michaud, Attorney At Law
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If your I-140 has been approved more than 6 months ago, you might be in luck. There is something in the law that says if you have a complable new job in the same field, your I-140 was already approved, and your adjustment is pending, you can "port" your job. THis is a difficult issue that should be handled by an attorney familiar with work-based immigration. Good luck.
Answered on Dec 02nd, 2010 at 6:13 PM

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