Implications of company sale on H1B and I-140
Apr 22nd 2003, 6:12 pm
#1
Guest
Posts: n/a
Implications of company sale on H1B and I-140
Greetings! I would appreciate if someone could address or give
pointers about the following situation:
I am H1B status working with Company A and the H1B will reach 6 years
and expire in 4 months. Company A submitted my I-140 petition 5 months
ago and I was planning to file I485 (AOS) once I-140 is approved.
However, the business unit I work for in Company A has been sold to
Company B and I am offered to continue at the same position (same
salary, location, manager, etc...) with Company B. What happens to my
I-140 application and H1B status? Is this considered a change of
employer? Also, can company B take-over this I-140 application and
continue this process or do we have to start over again (LCA then
I-140 ...)? Do I qualify for a 1 year H1B extension or should I apply
for employment authorization before the H1B expires?
Thanks in advance for any information and pointers.
pointers about the following situation:
I am H1B status working with Company A and the H1B will reach 6 years
and expire in 4 months. Company A submitted my I-140 petition 5 months
ago and I was planning to file I485 (AOS) once I-140 is approved.
However, the business unit I work for in Company A has been sold to
Company B and I am offered to continue at the same position (same
salary, location, manager, etc...) with Company B. What happens to my
I-140 application and H1B status? Is this considered a change of
employer? Also, can company B take-over this I-140 application and
continue this process or do we have to start over again (LCA then
I-140 ...)? Do I qualify for a 1 year H1B extension or should I apply
for employment authorization before the H1B expires?
Thanks in advance for any information and pointers.
Apr 22nd 2003, 8:30 pm
#2
Guest
Posts: n/a
Re: Implications of company sale on H1B and I-140
On Tue, 22 Apr 2003 11:12:09 -0700, jsk wrote:
> Greetings! I would appreciate if someone could address or give pointers
> about the following situation: I am H1B status working with Company A
> and the H1B will reach 6 years and expire in 4 months. Company A
> submitted my I-140 petition 5 months ago and I was planning to file I485
> (AOS) once I-140 is approved.
> However, the business unit I work for in Company A has been sold to
> Company B and I am offered to continue at the same position (same
> salary, location, manager, etc...) with Company B. What happens to my
> I-140 application and H1B status?
Nothing. It continues to run. Do be sure that the company hired an
immigration attorney to make sure the transfer complied with the rules for
this to work, though; there are some intricacies. Some companies reapply
for H-1Bs just to be safe. For the I-140, just let it run and submit
evidence of the acquisition with the I-485.
> Is this considered a change of employer?
Usually, not, but it may depend on details of the merger agreement.
> Also, can company B take-over this I-140 application and continue this
> process or do we have to start over again (LCA then I-140 ...)?
You can almost certainly continue.
> Do I qualify for a 1 year H1B extension or should I apply for employment
> authorization before the H1B expires?
You should qualify, as long as the priority date is at least a year old
when you reach the six year limit.
> Greetings! I would appreciate if someone could address or give pointers
> about the following situation: I am H1B status working with Company A
> and the H1B will reach 6 years and expire in 4 months. Company A
> submitted my I-140 petition 5 months ago and I was planning to file I485
> (AOS) once I-140 is approved.
> However, the business unit I work for in Company A has been sold to
> Company B and I am offered to continue at the same position (same
> salary, location, manager, etc...) with Company B. What happens to my
> I-140 application and H1B status?
Nothing. It continues to run. Do be sure that the company hired an
immigration attorney to make sure the transfer complied with the rules for
this to work, though; there are some intricacies. Some companies reapply
for H-1Bs just to be safe. For the I-140, just let it run and submit
evidence of the acquisition with the I-485.
> Is this considered a change of employer?
Usually, not, but it may depend on details of the merger agreement.
> Also, can company B take-over this I-140 application and continue this
> process or do we have to start over again (LCA then I-140 ...)?
You can almost certainly continue.
> Do I qualify for a 1 year H1B extension or should I apply for employment
> authorization before the H1B expires?
You should qualify, as long as the priority date is at least a year old
when you reach the six year limit.
