Immigration Site

Dear all,
Ive been notified of a lay off, effective Jan 3, 2006. This has taken me by surprise. I don’t know much about the steps I need to take to remain legal in the US after the lay off. Id greatly appreciate any and all information that you think would help me!

I am listing my information and some questions I thought of below.
My details:
H1B: 6th year expiration date: 1 May 07.
LC: RIR, state NJ, PD: 15 May 02 (approved in Aug 05)
I-140: EB-3/rest of the world, VSC, RD: 3 Oct 05 (not approved yet)
I-485: not able to apply due to retrogression

Questions:
-How long can I stay in the country to look for another job before becoming out of status?

- A coworker thought that the following might be some options:
1. Apply for green card through National Interest Waiver (NIW)
I work in health care-related scientific research field. My friend did an NIW and thought I met the necessary requirements
2. Switch to F1 visa
Are the above applicable to me? Would either buy me the time to look for another job? Other suggestions are welcomed.

-What will happen to my pending GC case?

- Could someone recommend a good immigration lawyer? I might engage one to help me through this. I’m in NJ, but I guess it doesn’t really matter where the lawyer is.

Thanks in advance for your help!

As you are in 5th year, you need to worry. You can switch to another job and apply a new LC through PERM and can get certified LC within 60 days or so.

NIW is also a good option for you.

Dear all,
Ive been notified of a lay off, effective Jan 3, 2006. This has taken me by surprise. I don’t know much about the steps I need to take to remain legal in the US after the lay off. Id greatly appreciate any and all information that you think would help me!

I am listing my information and some questions I thought of below.
My details:
H1B: 6th year expiration date: 1 May 07.
LC: RIR, state NJ, PD: 15 May 02 (approved in Aug 05)
I-140: EB-3/rest of the world, VSC, RD: 3 Oct 05 (not approved yet)
I-485: not able to apply due to retrogression

Questions:
-How long can I stay in the country to look for another job before becoming out of status?
Less than 60 days, but you should look for job NOW.

- A coworker thought that the following might be some options:
1. Apply for green card through National Interest Waiver (NIW)
I work in health care-related scientific research field. My friend did an NIW and thought I met the necessary requirements

If your friend got approved with NIW, you should try also, but it does not help for your situation unless NIW got approved before May 07

2. Switch to F1 visa
Are the above applicable to me? Would either buy me the time to look for another job? Other suggestions are welcomed.

I guess you can try this option if you like.

-What will happen to my pending GC case?
Everything is GONE unless your I140 got approved before the layoff date (I doubt it)

- Could someone recommend a good immigration lawyer? I might engage one to help me through this. I’m in NJ, but I guess it doesn’t really matter where the lawyer is.

Yes it is. You should find lawyer that could represent you in NJ since he/she may follow you to some interview in the future. If you dont care that, why dont you consider the owner of this site?

Thanks in advance for your help!

Sorry to hear this! It is very important that you DO NOT loose your legal status in US. Here are the additional options:
F-1: Get I-20 from school and apply immediately for COS from H-1B to F-1. In some cases, you may goto community college which can give I-120 very quickly (it used to in Year 2001, not sure recently).
B-1 (Business): Immediately apply for COS from H-1B to B-1. State the reason that you need some additional time (6 month) to pile-up miscelaneous stuff - e.g. selling house, closing bank account, etc.
Transfer to H-1B: If you find another job by that time, apply for H-1B transfer. In some cases, you can find an employer who allow you to transfer H-1B with him but it is critical that you get paid regularly to remain on status.

Good luck!

Dear all,
Ive been notified of a lay off, effective Jan 3, 2006. This has taken me by surprise. I don’t know much about the steps I need to take to remain legal in the US after the lay off. Id greatly appreciate any and all information that you think would help me!

I am listing my information and some questions I thought of below.
My details:
H1B: 6th year expiration date: 1 May 07.
LC: RIR, state NJ, PD: 15 May 02 (approved in Aug 05)
I-140: EB-3/rest of the world, VSC, RD: 3 Oct 05 (not approved yet)
I-485: not able to apply due to retrogression

Questions:
-How long can I stay in the country to look for another job before becoming out of status?

- A coworker thought that the following might be some options:
1. Apply for green card through National Interest Waiver (NIW)
I work in health care-related scientific research field. My friend did an NIW and thought I met the necessary requirements
2. Switch to F1 visa
Are the above applicable to me? Would either buy me the time to look for another job? Other suggestions are welcomed.

-What will happen to my pending GC case?

- Could someone recommend a good immigration lawyer? I might engage one to help me through this. I’m in NJ, but I guess it doesn’t really matter where the lawyer is.

Thanks in advance for your help!