Thanks for this Peter!
I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan)
What are my options if I was laid off/company went under/perm cert rejected?
How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?
>before you are able to file an I-485 application
qq and i'm double checking what my own immigration lawyer has already told me just because i'm nervous on this point. Is filing the i-485 the point at which you can stay?
I've filed an i-485 via US spouse and waiting to hear back but the 60day period is looming and obviously nervous on this point.
Unfortunately, the approved I-140 EB1C is no help here; for you to be able to stay past your 60 days grace period, you will need to get sponsored for another work visa (likely the O-1 but you need to have a discussion with an attorney) or file an application to change your status to B-2 visitor status during the grace period.
Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over a year, but I'm seeing some indications that this might improve.