Laid Off During the PERM Process: What It Means for Your Green Card
You were laid off while PERM was pending or approved but before I-140 filing. Here's what happens to your green card process and your options.
Quick Answer
PERM is employer-specific and terminates when employment ends. If laid off before I-140 filing, PERM is worthless. If I-140 was filed and pending, it continues processing. If I-140 approved, priority date is yours forever even after layoff. Find new employer within 60-day H-1B grace period, transfer H-1B, and start new PERM with new employer using old priority date if I-140 was approved.
Key Takeaways
PERM dies when employment ends before I-140 filing
I-140 filed but pending: continues processing, priority date preserved if approved
I-140 approved: priority date yours forever, survives layoff
You have 60-day grace period to find new H-1B employer
New employer files new PERM but you keep old priority date (if I-140 approved)
AC21 portability only applies after I-485 pending 180+ days
Key Takeaways
PERM dies when employment ends before I-140 filing
I-140 filed but pending: continues processing, priority date preserved if approved
I-140 approved: priority date yours forever, survives layoff
You have 60-day grace period to find new H-1B employer
New employer files new PERM but you keep old priority date (if I-140 approved)
AC21 portability only applies after I-485 pending 180+ days
Table of Content
What Happens at Each Stage
Laid off during PERM recruitment/filing (before approval): PERM application terminates. All recruitment efforts wasted. New employer must start completely new PERM. No priority date to preserve.
Laid off after PERM approved but before I-140 filed: PERM approval is worthless without I-140 filing. Approval expires after 180 days. New employer starts new PERM from scratch.
Laid off after I-140 filed but before approval: I-140 continues processing even after termination if employer doesn't withdraw it. If approved, priority date is yours forever. If employer withdraws I-140, it's denied and priority date lost.
Laid off after I-140 approved: Best scenario. Priority date locked in permanently. Employer can't take it away after 180 days from approval. New employer files new PERM/I-140, ports old priority date.
Laid off after I-485 filed and pending 180+ days: AC21 portability allows "porting" to same/similar job with any employer without restarting process.
The Critical I-140 Status
I-140 Status | Priority Date Preserved? | What Happens |
|---|---|---|
Not filed yet | No | Start completely over with new employer |
Filed, pending | Maybe (if approved later) | Continues processing unless employer withdraws |
Approved <180 days ago | Yes (if employer doesn't withdraw) | Employer can withdraw, voiding approval |
Approved 180+ days ago | Yes, permanently | Employer withdrawal doesn't affect you |
I-485 pending 180+ days | Yes | AC21 allows job change to same/similar role |
The 180-day marker after I-140 approval is critical. Before 180 days, employer can withdraw I-140 even after approval, destroying your priority date. After 180 days, employer withdrawal has no effect.
60-Day Grace Period
When terminated on H-1B, you have 60-day grace period to find new employer or change status. This isn't "work authorization" - you cannot work during grace period. It's time to arrange next steps without immediately leaving U.S.
During 60 days:
Job search aggressively for H-1B transfer
Ensure new employer files H-1B transfer before 60 days expire
Request I-797 approval notice and I-140 documentation from old employer
Confirm priority date if I-140 was approved
Consider change of status to B-2 if can't find job in 60 days
If 60 days expire without new H-1B or status change, you must leave U.S.
New Employer PERM Process
New employer files completely new PERM from scratch. This takes 12-18 months for PERM approval, then 4-8 months for I-140 processing. However, if old I-140 was approved, you can "port" that priority date to new I-140 once approved.
Priority date porting process:
New employer files new PERM for you
After PERM approval, new employer files I-140
In I-140 application, request use of earlier priority date from old I-140
USCIS grants request if old I-140 was approved
Your final green card processing uses old priority date, not new one
This is huge benefit. If old priority date was 2020 and new PERM filed in 2025, you use 2020 priority date when Visa Bulletin becomes current.
Negotiating Severance
During layoff negotiations, request employer file I-140 if PERM approved but I-140 not yet filed (costs employer $700 but preserves your 2+ years of PERM process), confirm employer won't withdraw pending or approved I-140, get copy of all immigration documents (PERM approval, I-797s, I-140 receipt/approval), and request extended health insurance through COBRA to cover gap.
Some employers are sympathetic and agree to file I-140 even during layoff if PERM was approved. Others refuse. Doesn't hurt to ask professionally.
Finding Sponsorship-Willing Employer Quickly
You have limited time. Target companies with established immigration sponsorship programs: tech companies (Google, Microsoft, Amazon, Meta), consulting firms (Deloitte, Accenture, PwC), financial services, and healthcare systems.
Use LinkedIn indicating "open to opportunities," network with recruiters specializing in H-1B candidates, and be upfront about H-1B transfer need in initial conversations. Some companies specifically recruit for H-1B transfers.
Worst Case Scenarios
If you can't find H-1B sponsor in 60 days, options include change to B-2 tourist status (file I-539 before grace period expires, can stay while pending but cannot work), leave U.S. and apply for jobs from abroad, or return to home country and explore L-1 transfer opportunities with multinational companies.
What Happens at Each Stage
Laid off during PERM recruitment/filing (before approval): PERM application terminates. All recruitment efforts wasted. New employer must start completely new PERM. No priority date to preserve.
Laid off after PERM approved but before I-140 filed: PERM approval is worthless without I-140 filing. Approval expires after 180 days. New employer starts new PERM from scratch.
Laid off after I-140 filed but before approval: I-140 continues processing even after termination if employer doesn't withdraw it. If approved, priority date is yours forever. If employer withdraws I-140, it's denied and priority date lost.
Laid off after I-140 approved: Best scenario. Priority date locked in permanently. Employer can't take it away after 180 days from approval. New employer files new PERM/I-140, ports old priority date.
Laid off after I-485 filed and pending 180+ days: AC21 portability allows "porting" to same/similar job with any employer without restarting process.
The Critical I-140 Status
I-140 Status | Priority Date Preserved? | What Happens |
|---|---|---|
Not filed yet | No | Start completely over with new employer |
Filed, pending | Maybe (if approved later) | Continues processing unless employer withdraws |
Approved <180 days ago | Yes (if employer doesn't withdraw) | Employer can withdraw, voiding approval |
Approved 180+ days ago | Yes, permanently | Employer withdrawal doesn't affect you |
I-485 pending 180+ days | Yes | AC21 allows job change to same/similar role |
The 180-day marker after I-140 approval is critical. Before 180 days, employer can withdraw I-140 even after approval, destroying your priority date. After 180 days, employer withdrawal has no effect.
60-Day Grace Period
When terminated on H-1B, you have 60-day grace period to find new employer or change status. This isn't "work authorization" - you cannot work during grace period. It's time to arrange next steps without immediately leaving U.S.
During 60 days:
Job search aggressively for H-1B transfer
Ensure new employer files H-1B transfer before 60 days expire
Request I-797 approval notice and I-140 documentation from old employer
Confirm priority date if I-140 was approved
Consider change of status to B-2 if can't find job in 60 days
If 60 days expire without new H-1B or status change, you must leave U.S.
New Employer PERM Process
New employer files completely new PERM from scratch. This takes 12-18 months for PERM approval, then 4-8 months for I-140 processing. However, if old I-140 was approved, you can "port" that priority date to new I-140 once approved.
Priority date porting process:
New employer files new PERM for you
After PERM approval, new employer files I-140
In I-140 application, request use of earlier priority date from old I-140
USCIS grants request if old I-140 was approved
Your final green card processing uses old priority date, not new one
This is huge benefit. If old priority date was 2020 and new PERM filed in 2025, you use 2020 priority date when Visa Bulletin becomes current.
Negotiating Severance
During layoff negotiations, request employer file I-140 if PERM approved but I-140 not yet filed (costs employer $700 but preserves your 2+ years of PERM process), confirm employer won't withdraw pending or approved I-140, get copy of all immigration documents (PERM approval, I-797s, I-140 receipt/approval), and request extended health insurance through COBRA to cover gap.
Some employers are sympathetic and agree to file I-140 even during layoff if PERM was approved. Others refuse. Doesn't hurt to ask professionally.
Finding Sponsorship-Willing Employer Quickly
You have limited time. Target companies with established immigration sponsorship programs: tech companies (Google, Microsoft, Amazon, Meta), consulting firms (Deloitte, Accenture, PwC), financial services, and healthcare systems.
Use LinkedIn indicating "open to opportunities," network with recruiters specializing in H-1B candidates, and be upfront about H-1B transfer need in initial conversations. Some companies specifically recruit for H-1B transfers.
Worst Case Scenarios
If you can't find H-1B sponsor in 60 days, options include change to B-2 tourist status (file I-539 before grace period expires, can stay while pending but cannot work), leave U.S. and apply for jobs from abroad, or return to home country and explore L-1 transfer opportunities with multinational companies.
Frequently Asked Questions
Does PERM survive layoff?
No. PERM is employer-specific. When employment ends, PERM process terminates unless I-140 was already filed.
Can I keep priority date if I-140 not filed?
No. Priority date only exists after I-140 filing. Without I-140, there's no priority date to preserve.
What if employer withdraws approved I-140?
If withdrawn within 180 days of approval, your I-140 is revoked and priority date lost. After 180 days, withdrawal has no effect on you.
Can new employer use old PERM?
No. Each employer must file their own PERM. But you can port old priority date from approved I-140 to new I-140.
How long to find new job?
60-day grace period. H-1B transfer must be filed before grace period expires or you must leave U.S.
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