Ennessar

I am on 7th year H1
My company is being takenover by another company
Do I need a new H1?

For my Green Card, labor is cleared, applied for I-140.
Will that be valid? or do I have to start I-140 again?

Thanks

Rex Lustrous

If the company is being bought out entirely, it should not be much of a
problem.

- Make sure you have all possible documentary evidence that it was a
complete and not partial takeover (not partial sale of some select
assets).

- If there is a press release on the website, take a few printouts of it
if you need to prove later that the original company did not just shut
down, it was bought out.

- Get a letter on the new employer's letterhead that you became an
employee of the new company as a part of the aqcuisition, and that your
job responsibilities are the same as before. If you have the same boss,
this should not be difficult.

When a company takes over another, it is assumed that all interests and
commitments are now a part of the larger company. This should include
labor certifications, I-140 etc. filed by the previous company.

However, just like there was nothing to prevent your previous company
from withdrawing the support for your application at any time, the new
company is also not obligated to support your petition, hence the need
for letters from the new employer.

My buddy was in the same situtation, and his lawyers advise was "Keep it
handy, but there is no need to bring it up to USCIS unless they generate
an RFE on employment". In his case, the I485 it was approved without RFE,
so he never needed to use all the papers. He had to mention the new
company's name in all other the applications, but it never raised a red-
flag.

Good luck!!

- R


[email protected] (ennessar) wrote in
news:[email protected]:

    > I am on 7th year H1
    > My company is being takenover by another company
    > Do I need a new H1?
    >
    > For my Green Card, labor is cleared, applied for I-140.
    > Will that be valid? or do I have to start I-140 again?
    >
    > Thanks
    >

Ennessar

Thanks Rex.

My company is been fully brought by the new employeer.

What about my current H1? Will the existing H1 valid?
In I-9 form can I mention this?

dudewheresmycar

What happens if a company is just partially bought out ..

Can the 7th year extension still be used based on pending Labor

Rex Lustrous

I am not 100% sure if any paperwork is required to change the name of the
employer on your H1/I-94. Your H1 should be valid since your job is still
the same, only the company has changed it's name/management.

I filled the I-9 form with the I-94 information as is, and it was fine. I
did not change my I-94 to the new company. The 485 was finally approved too
without any issues.

--
- R
(I am not an immigration expert
and this is not a legal advice.)



[email protected] (ennessar) wrote in news:870292b8.0403271519.24d38830
@posting.google.com:

    > Thanks Rex.
    >
    > My company is been fully brought by the new employeer.
    >
    > What about my current H1? Will the existing H1 valid?
    > In I-9 form can I mention this?

Rex Lustrous

It gets a little complicated if the takeover was partial. You would have to
prove that in your particular case, it was not a change of job, you were
absorbed into the new company as part of the partial takeover. Your job,
title, responsibilities etc. is still the same as before.

I am not aware of what happens if you file for a 7th year extension, but if
your new company beefs up your case with papers in support, it should go
thru without much hassles.

--
- R
(I am not an immigration expert
and this is not a legal advice.)


dudewheresmycar <member6716@british_expats.com> wrote in
news:[email protected]:

    >
    > What happens if a company is just partially bought out ..
    >
    > Can the 7th
    > year extension still be used based on pending Labor
    >
    >