In the ever-evolving landscape of the American job market, layoffs are unfortunately a reality, and H-1B workers are not immune. In comparison, H-1B visa holders tend to get laid off more easily compare to average American employees, due to the instability of the visa term (maximum 6 years under required extension application) and higher cost of employment, from H-1B petition to Green Card application from EB-1, EB-2, etc.
If you're an H-1B holder and have got to the I-140 approval stage, it was quite a journey that you don’t want to take risks with. H-1B visa holders who's been laid off post I-140 approval, what should you do? This article aims to provide some insights on the various avenues available to individuals in such situations.
What a Layoff Does to I-140 and Priority Date:
Among the very first things you would ask is “How a layoff impacts an approved I-140?”.
It depends on the duration of approval and the steps taken by the company post-layoff. One thing to note is that once your I-140 is approved, your priority date is locked in. This date remains secure unless the I-140 is revoked due to fraud or misrepresentation and any other reasons.
It is still likely that an employer withdraws your I-140 application once you’re let go. Your rights within the withdrewed Green Card application are listed below:
| I-140 Approved For | Remaining Benefits |
|---|---|
| More than 180 days | Extend H-1B status beyond the usual six-year limit and H-4 EAD Eligibility |
| Less than or equals to 180 days | H-1B extension eligibility with a maximum duration of 6 years |