H1B Transfer in H1B 7th year with I-140 approval

[goodluck123]

What is the name of your state (only U.S. law)? NJ

Dear Attorney Lana,

My family has an urgent situation to consult you. Much appreciate your advice.

My husband is on his 7th years of H1B, which will expire on Sept. 1, 2008. His I-140 has been approved in June 2008. His company (Company A) already filed his H1B extension (3 years based on I-140 approval). The new H1B is pending.

Unfortunately, he was laid off recently, and his last paycheck will be Aug. 8, 2008. This is our situation.


He can change to H4 since I am on H1B. If he can get a job offer from Company B while he is on H4, is it legal for Company B to sponsor his 3 years H1B extension based on the I-140 approval of Company A?

Again, thank you so much!!

 

[ImmigAttyLana]

Yes, but realize that if he has been laid off, he can no longer count on that I-140 for the green card so the new company would have to start the permanent residence process on his behalf all over again unless the original company still has a position for him in the future and will agree to continue to process the green card application on his behalf.