An H-1B software engineer is facing serious uncertainty due to an impending layoff that could derail the PERM process. The PERM application was filed in March 2025, with approval expected by August this year.
The situation has become critical as the employee fears losing their job before June. Their current I-797 receipt is valid only until March 2026, adding pressure to an already unstable case.
Extension Linked to PERM Status
The applicant has filed for an H-1B extension valid until May 2027. This extension depends on the PERM application being pending for at least 365 days.
However, the extension application will become invalid after March this year. Immigration experts have pointed out that job loss will immediately abort the PERM process.
Risk of Falling Out of Status
Without an approved I-140 Immigrant Worker petition, the applicant will be left without legal status in the US. This creates the risk of becoming out of status within a few months.
The uncertainty has placed the applicant in a severe crisis, with limited time to act and few safe options remaining.
EB-2 NIW as an Alternative
One possible option is applying for an EB-2 National Interest Waiver visa. Filing for EB-2 NIW will not impact the pending PERM application.
However, securing this visa is highly difficult. The EB-2 NIW category has a high denial rate due to the strict three-prong test requirements.
Challenges in Changing Employers
Even if the applicant secures a new job, most employers hesitate to file PERM on day one. This makes transferring sponsorship extremely difficult.
At this stage, the applicant can only hope to find a rare employer willing to sponsor immediately.
Urgent Legal Advice Needed
The applicant should consult an immigration attorney without delay. It may be possible to negotiate a delayed termination with the current employer.
This could provide time to explore other options such as securing new employment or shifting to an H-4 dependent visa.
