In these tough economic times, there are a lot of immigration questions related to layoffs and employment-based applications that can be affected by the employers’ dismal economic situation. The following are typical of the questions that my office receives:

Q. I have been in the U.S. on an H-1B visa for two years but am about to be laid off. With the current job market in mind I think I will have a difficult time finding a new position. Can I use the same visa to work for someone else? What if I don’t find a job in my profession, can I take any job to survive while I look for something in my line of work?

A. With your type of visa you are only allowed to work for the. I would start looking for a job as soon as I could if I were you. You will be allowed to remain in the U.S. for only a period of 60 days unless you find a new employer and he applies for a new H-1B for you. Also, an H-1B visa will only be issued under strict conditions that include the requirement that you have a degree and work in a position that requires that degree. Please contact an attorney for further information.

Q. I have been trying to obtain my green card through a Labor Certification. Now my employer has gone bankrupt and cannot give my lawyer the tax returns that I need. If I find a new employer can I switch?

A. It depends if an I-485 has already been filed for you. If so, and if you have worked for at least 180 days after the filing of this application for the same employer you can then switch employers providing the new job is in the same field as the previous one. If the I-485 hasn’t been filed you will not be able to switch employers and will have to start all over again.

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