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H1B and Labour Certification for GC

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  • H1B and Labour Certification for GC

    Hi,

    I am working for Employer A with H1B visa.
    Employer B is ready to file my GC as a future employee.

    If Employer A layoff me after Employer B applies Labour certification, can I stay in US legally? In that case, should i transfer my H1 visa to Employer B?

    Thanks,
    rams

  • #2
    A labor certification does not provide you a status. Unless you have filed for a 485, you have to maintain your non immigrant status. Which means, if you get laid off, you would have to find a H1b sponsor or work for B with a H1b status.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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