Q: My priority date's current but new employer not filing PERM. What to do?
I joined my current employer in California on H1B in Sep 2023. In Oct 2023, my EB3 priority date got current. I'm India born on EB3 with Apr 2012 PD. My employer's not filing any PERMs since they laid off thousands of workers recently. Assuming my PD stays current for good, am I required to file I485 before Oct 2024? If I can't, will my GC process be abandoned? Can I get any renewal on H1B?
Even if I find a new job now, it'll take over a year to get PERM approval since companies usually start GC process 6 months after joining. I can't go back to the original employer who got EB3 approved. What are my options?
A:
Assuming my PD stays current for good, am I required to file I485 before Oct 2024? NO
Can I get any renewal on H1B? YES
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A:
If your EB3 priority date is current and your current employer is not filing PERM due to layoffs, it's important to explore alternative options promptly. While you are not required to file the I-485 (Adjustment of Status) immediately upon your priority date becoming current, delaying it might risk losing the opportunity, especially if your priority date becomes unavailable again.
Given that you can't return to the original employer who initiated your EB3 process, finding a new employer willing to sponsor your Green Card is a viable option. Although starting a new PERM process can be time-consuming, it's a necessary step if your current employer is unable to proceed with your Green Card application.
If you’re on an H1B visa, you may be eligible for extensions beyond the standard six-year limit, especially if your Green Card process was initiated in a timely manner. This could provide you with additional time to sort out your Green Card situation.
It’s highly recommended to consult with an immigration attorney who can provide specific advice based on the details of your case. They can guide you through the complexities of immigration law, help you understand your options regarding H1B extensions and Green Card processing with a new employer, and ensure that you take the necessary steps to maintain your legal status in the U.S.
Remember, immigration matters can be complex and time-sensitive, so taking prompt action and seeking professional advice is crucial in navigating this process successfully.
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