What happens if you get laid off from a company that sponsors your visa? 7 Answers as of December 19, 2010

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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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Based upon what you have said, I am afraid that you may be unable to do anything about it. Once your H-1B is expired, you can no longer remain in the United States, and your continued employment is illegal, and your work authorization and I-131 parole is no longer valid. You may leave the USA without penalty if you leave within 6 months of the expiration of your H-1B, but afterward you are subject to an immediate 3-year bar. There will be other options, if you have any family here, but otherwise, you are not able to remain. Indeed, your employer is engaged in illegal employment policies by continuing to keep you, which may explain why they are considering terminating you. If you have other options, and would like my help, you may call or e-mail me to set up a consultation. Best to you.
Answer Applies to: California
Replied: 12/19/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
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.
Answer Applies to: California
Replied: 12/3/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
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.
Answer Applies to: California
Replied: 12/2/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Unless you can find a new employer-sponsor, you'll probably have to leave the country or begin accruing overstay.
Answer Applies to: Virginia
Replied: 12/2/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
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.
Answer Applies to: California
Replied: 12/2/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Sorry to hear your upcoming ordeal. If you have valid work permit, your immigration status is valid until the expiration of your valid work permit or the denial of I485. Of course if you are approved for I485, there will be no issues.
    Answer Applies to: Florida
    Replied: 12/2/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    If you have an approved labor certification, and approved I-140 and your I-485 has been pending for more than one year you are eligible to port your green card process to a new employer in the event that you are laid off. The only catch is that the new job must be the "same or similar" to that which you were originally sponsored for. The salary or location need not be the same. Once you get resettled, your new company, which I assume would employ you under your work permit (EAD) would submit a letter to USCIS notifying them that you have changed jobs and detail how your new position is within the same job classification as the prior one. It is best to have an attorney assist with this letter as the standards for "same or similar" are rather complicated.
    Answer Applies to: Massachusetts
    Replied: 12/2/2010
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