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Form I-140 and layoff! Do we lose the Form I-140 petition

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  • Form I-140 and layoff! Do we lose the Form I-140 petition

    What happens if Form I-140 filed and company planning big layoffs? Do we lose our I-140, can we still file the I-485?

  • #2
    First of all, we need to know what level of the process your in. There is probably not an exact answer because it seems the Labor certification (PERM) stage is passed. But I am going to try to answer.
    a) If you have been able to file the I-485 before the layoff occurs, you should be able to use AC21.
    b) Your I-140 is approved and the business closes down, then you can only use the priority date
    c) The company is still opened but they are firing in your field or your department, it might become an issue at the level of the USCIS because it might be fraud or discrimination to pick and chose the employees based on certain criteria (depends on the state);
    d) If they are not laying off in your area of expertise, you should be fine.

    The question is hard to answer because it calls calls for a number of permutations which only a case by case consultation will answer. I will recommend you call us at 510 742 5887 for a full consultation.
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

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