ravenhill

Hi,

I have a question regarding my current status. The parent company, back in the UK, is currently experiencing some financial trouble which is causing me concern. Should the UK company cease to exist I am assuming my current L-1A visa becomes void and that I am required to return to the UK immediately. Is this a correct assumption?

I have a couple of scenarios and was wondering if anyone could offer their thoughts:

A) The parent company in the UK ceases to exist but the US entity is still active. Can I change my visa to H1B if sponsored by the US entity? Or is there another visa type I could consider assuming the US entity is operating still?

B) The parent company is bought over or ceases to exist (briefly) to emerge under new name Company 2.0. Do I just need to file an amendment detailing the change? Am assuming in both cases the company accepts responsibility for the US entity which is currently 100% owned by the UK parent.

C) The parent company goes into administration but continues to operate in the UK, in some shape or form. Am I ok as long as they continue to support the US entity?

Thanks in advance!

JCraigFong

If you qualify for the H-1B, then yes, the US entity could do an H for you. For that matter, a completely separate, unrelated entity could do an H for you. A new I-129 would have to be filed, in either case.

It depends. If the foreign entity changes its relationship to the US affiliate, then yes, a re-filing is going to be necessary. A buyout, if done without disturbing the underlying corporate relationships might NOT require a re-filing. If the US entity changes its relationship to the foreign entity, or if the TIN changes, then yes, a re-filing is going to be necessary. And of course, if the terms and conditions of your employment in the USA change significantly, then a re-filing will be necessary. See your attorney on this one.

If the foreign entity is in administration or reorganization, but maintains its underlying corporate relationship with the US entity, then I doubt that a re-filing will be necessary.

These buyout and BK scenarios are very very tricky. Contact an attorney review the upcoming changes, to be sure that you're still in status, despite the changes in your company's structure.

--J Craig Fong
Los Angeles, CA

Picnic

Persuade the company in the US to sponsor you for permanent residence, thus triggering a change of status? Not that I am in any way an expert and bow to those who might know better...

JCraigFong

Certainly if the company is willing and able to do so, if they file the I-140 and petition for you as an EB-1, then yes, you could try to get your LPR before the company goes south. Caution: if the company changes form (merger, liquidation, buy-out) before you are adjusted, then your green card would be in jeopardy.

It's dicey. It's a race. But if you and the company think they can hold on until your adjustment, then go for it!

ravenhill

Thanks for the feedback so far.

I would consider proceeding with the EB-1 but as you mention it needs to be done while the UK company is still operating. Currently things are quite up in the air so that is a hard one to call. My other concern is that going down the EB-1 route requires further info about the UK company. If the current situation persists then does this have the potential of negatively impacting my application, or is it a relatively smooth transition from L-1A to EB-1? Do they require detailed documentation on the finances, and so on?

Should a worst case scenario occur and the whole thing (both companies) goes belly-up, is it possible to immediately change my status to a tourist visa to buy myself some additional time to tie up loose ends, or is that not a good idea?

Finally, from what I have read here it sounds like it would not be a smart thing to head home (should worst case scenario occur) and then come back in a mth or so under the VWP to tie up loose ends. Am thinking they may believe I have dual intent and deny me access. Does this seem like a legitimate concern?

Thanks again!