Company Buy Out
#1
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Company Buy Out
Quick question for you all.
We have been over here 7 months with my husbands company, he is on an L1A and our son and l are on L1B.
Husband has just arrived home to announce that his organization is being bought out by a v large American company. As both are large groups the buy out won't be completed until the summer.
Am l right in thinking that to be eligible for an L visa, the head office has to outside of the US? Does this mean that we would need an alternative visa at that point as the new companies head office is definitely in the US?
Seriously can't believe l only asked you guys about the pros of a green card 2 weeks ago and you all said about the lack of stability with being on an L visa!!!
We have been over here 7 months with my husbands company, he is on an L1A and our son and l are on L1B.
Husband has just arrived home to announce that his organization is being bought out by a v large American company. As both are large groups the buy out won't be completed until the summer.
Am l right in thinking that to be eligible for an L visa, the head office has to outside of the US? Does this mean that we would need an alternative visa at that point as the new companies head office is definitely in the US?
Seriously can't believe l only asked you guys about the pros of a green card 2 weeks ago and you all said about the lack of stability with being on an L visa!!!
#2
Re: Company Buy Out
So long as the new comany maintains (continues to own and operate) the business location that your husband relocated from, or at least another location outside the US, that he can, in theory at least, relocate back to at the end of his L-1 visa, there shouldn't be a problem, at least not from the perspective of visa validity. .... Your assumption that the head office (or company ownership) has to be outside the US is incorrect, for an L-1 visa.
If the new owner of the business buys only the US operations, or subsequently divests the non-US operations, then you and your husband have very few options to remain in the US.
If the new owner of the business buys only the US operations, or subsequently divests the non-US operations, then you and your husband have very few options to remain in the US.
Last edited by Pulaski; Jan 22nd 2018 at 10:00 pm.
#3
Re: Company Buy Out
I went through a similar scenario last year. American arm sold up European operations, of which my L1 was dependent on. HR didn't know any different and thought it'd be ok until i raised a flag.
Would recommend your husband find out more information from HR and speak to the attorney's that got the visa in the first place.
#4
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Re: Company Buy Out
Do you mean you're on L2's as dependants of your husbands visa as opposed to L1B? Or do you and your son both have L1B's separately from your husband?
I went through a similar scenario last year. American arm sold up European operations, of which my L1 was dependent on. HR didn't know any different and thought it'd be ok until i raised a flag.
Would recommend your husband find out more information from HR and speak to the attorney's that got the visa in the first place.
I went through a similar scenario last year. American arm sold up European operations, of which my L1 was dependent on. HR didn't know any different and thought it'd be ok until i raised a flag.
Would recommend your husband find out more information from HR and speak to the attorney's that got the visa in the first place.
#5
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Re: Company Buy Out
So long as the new comany maintains (continues to own and operate) the business location that your husband relocated from, or at least another location outside the US, that he can, in theory at least, relocate back to at the end of his L-1 visa, there shouldn't be a problem, at least not from the perspective of visa validity. .... Your assumption that the head office (or company ownership) has to be outside the US is incorrect, for an L-1 visa.
If the new owner of the business buys only the US operations, or subsequently divests the non-US operations, then you and your husband have very few options to remain in the US.
If the new owner of the business buys only the US operations, or subsequently divests the non-US operations, then you and your husband have very few options to remain in the US.
#6
Re: Company Buy Out
Bit different for me - the now wife and i accelerated our plan for marriage, so i'm now under an adjustment of status from my L1B.
Work came back after i raised the issue and offered me a H1B - but i wasn't willing to risk the lottery for my chances of staying.
#7
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Re: Company Buy Out
Glad it all worked out. I don't blame you, l wouldn't want to be in that lottery either. Think we will just take the plunge and accept their offer of a green card application so that we feel we have an element of control. Thanks for your help.
#8
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Re: Company Buy Out
Ecto17
Have you confirmed the new company has office abroad and they are going to maintain such office(s).
Have you confirmed the new company has office abroad and they are going to maintain such office(s).
#9
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Re: Company Buy Out
They a multinational so l can't imagine it will be an issue (famous last words!!!) Trying to view this as a positive as they are huge and an American company and therefore hopefully if there are changes, there will be more opportunities with them here opposed to in the U.K. But yes you just have to wait and see in this position.
#10
Re: Company Buy Out
Get the GC process started. With good luck, the process could be well underway by the time of the take over this summer and the new employer won't squash it. And if hubby has his EAD, he can always look for another employer.
#11
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Re: Company Buy Out
Yep, get the GC under way, regardless. If the company sponsors it, very few downsides anyway. provided the over arching business retains a UK presence you should be fine - same situation I am in. New owners since November, thus far still plenty of UK offices but I've pressed the GC - sometimes they see it as a threat because you can move, but in my case I am using the fact they created risk I could be forced to leave them!! At the end of the day I'd have no worries about moving back, but as we are still early in the journey the extra safety net would be nice.
#12
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Re: Company Buy Out
Yep, get the GC under way, regardless. If the company sponsors it, very few downsides anyway. provided the over arching business retains a UK presence you should be fine - same situation I am in. New owners since November, thus far still plenty of UK offices but I've pressed the GC - sometimes they see it as a threat because you can move, but in my case I am using the fact they created risk I could be forced to leave them!! At the end of the day I'd have no worries about moving back, but as we are still early in the journey the extra safety net would be nice.
Good to hear from someone who is a couple of months into a similar situation, we are a couple of days in to the news!! Have to say, feeling better already.
We just have to check that by applying for the GC, the company doesn't pull our expat deal. I don't suppose they will but need to be sure first.
Thanks everyone for your responses, it is so helpful having knowledgeable advise to hand.
#13
Re: Company Buy Out
IMO it is likely that on completion of the green card process your husband would be moved to "local" terms and conditions of employment - so standard vacation time, no annual airline tickets home, no repatriation on termination, etc. Depending on seniority some of those, such as vacation time, might still be negotiable.
#14
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Re: Company Buy Out
IMO it is likely that on completion of the green card process your husband would be moved to "local" terms and conditions of employment - so standard vacation time, no annual airline tickets home, no repatriation on termination, etc. Depending on seniority some of those, such as vacation time, might still be negotiable.