Trying to figure out the options on my plate if layoff happens to me. I have maxed out the 6-year limit on h1b. I have an approved I-140 from a previous employer, but my priority date has been current for more than one year. My perm application has been submitted but not yet approved with my current employer. Anyone in the same situation? I learned this is a tricky case as “an H-1B worker is generally ineligible for continued extensions beyond the six year limit if he or she is the beneficiary of an approved I-140 immigrant petition and fails to file an adjustment of status application within 1 year of an immigrant visa being authorized for issuance based on his or her preference category and country of chargeability” (source: https://www.rnlawgroup.com/my-priority-date-is-current-am-i-eligible-for-additional-h-1b-extensions/). Any one has experience getting a h1b transfer sponsor in this case? Any other options in case of layoff? #layoff
Sounds like a very specific case. You should speak to an immigration lawyer. Unrelated side note: US immigration system is hot trash.
Hot trash is being generous
Try for EB2 NIW. Premium processing approved within 15 days and you can file for concurrent i140 plus i485
These Visa questions need their own category.
You should be fine. As long as your employer has started the GC process, the one year clock doesn’t start. I have personally consulted an immigration lawyer for this.