L1 Visa company sale

Old Aug 4th 2011, 9:58 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Nov 2010
Location: Bellevue WA
Posts: 64
fashionista will become famous soon enoughfashionista will become famous soon enough
Default L1 Visa company sale

Hi All,

I've done a search for previous threads on this but the responses seem to be a bit conflicting, so I'm hoping someone might be able to offer some clarity....

We've been in the US on L1A/L2 visas for a few months. My husband's company have a policy of not submitting GC applications until you've been here 12 months, just to make sure you're settled before they commit the funds.

It's possible that the company will be acquired before our 12 months is up. So questions:

1) Am I right in thinking that if the company (including the UK element) is bought but remains as a legal entity then our visas shouldn't be affected?

2) If the company is bought but absorbed into another organisation / or if the UK part is separated - is there a danger our visa type might have to change to H? This seems to have happened to some other posters.

3) I'm inclined to try and get the company to escalate the GC applications with an undertaking to pay them back if we leave within a set period. Is there any reason why this wouldn't be allowed?

Thanks in advance for any advice / experience!
fashionista is offline  
Old Aug 4th 2011, 10:10 pm
  #2  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,341
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: L1 Visa company sale

A full set of facts is needed.
S Folinsky is offline  
Old Aug 4th 2011, 10:46 pm
  #3  
BE Enthusiast
 
Joined: Dec 2008
Posts: 766
Flabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond reputeFlabound oneday has a reputation beyond repute
Default Re: L1 Visa company sale

how full do you need ?
1. yes
2. thinkthat wil depend
3. no reason why not

good luck
Flabound oneday is offline  
Old Aug 5th 2011, 3:52 pm
  #4  
Forum Regular
Thread Starter
 
Joined: Nov 2010
Location: Bellevue WA
Posts: 64
fashionista will become famous soon enoughfashionista will become famous soon enough
Default Re: L1 Visa company sale

Thanks - that's really helpful!
fashionista is offline  
Old Aug 5th 2011, 4:21 pm
  #5  
BE Forum Addict
 
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,896
md95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond repute
Default Re: L1 Visa company sale

Another risk associated with acquisitions is the cost cutting and consequent elimination of jobs that often happens shortly thereafter. This means that even if the visa situation can be successfully handled with respect to the acquisition you might end up without a job a few months later, so anything that you can do to accelerate the green card process would be a good idea.
md95065 is offline  
Old Aug 5th 2011, 4:27 pm
  #6  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,341
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: L1 Visa company sale

Originally Posted by fashionista View Post
Thanks - that's really helpful!
Which answer? The yes no list might be correct, but then it might not. Depends upon the facts -- and it is not uncommon for questioners in this forum to inaccurate in the way a question is posed. Nothing sneaky mind you -- just that people might not truly understand the situation. When I was in practice, I lost count of how many times there was a conflict between what client understood and what the documentation showed.
S Folinsky is offline  
Old Aug 5th 2011, 4:41 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Nov 2010
Location: Bellevue WA
Posts: 64
fashionista will become famous soon enoughfashionista will become famous soon enough
Default Re: L1 Visa company sale

Well - unfortunately I don't have any more facts to furnish, because this is all very early days and, as I'm sure you can imagine, there are lots of variables that could come into play. I'm certainly not thinking that a forum post is the definitive answer to my questions - it's just reassuring that my reading (based on my current, and somewhat limited, understanding of the situation), tallies with what @Flatbound said and with the reassuring noises that my husband's boss has been making.

I know that the company is in pretty close contact with the immigration lawyers and that this issue is on their radar. I don't think I'm going to get any more info in the immediate future which will provide clarity on the terms of any potential deal, so all we can really do is think about pursuing the GC escalation angle and keep an eye on everything else.
fashionista is offline  
Old Aug 5th 2011, 4:49 pm
  #8  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,341
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: L1 Visa company sale

Originally Posted by fashionista View Post
Well - unfortunately I don't have any more facts to furnish, because this is all very early days and, as I'm sure you can imagine, there are lots of variables that could come into play. I'm certainly not thinking that a forum post is the definitive answer to my questions - it's just reassuring that my reading (based on my current, and somewhat limited, understanding of the situation), tallies with what @Flatbound said and with the reassuring noises that my husband's boss has been making.

I know that the company is in pretty close contact with the immigration lawyers and that this issue is on their radar. I don't think I'm going to get any more info in the immediate future which will provide clarity on the terms of any potential deal, so all we can really do is think about pursuing the GC escalation angle and keep an eye on everything else.
Back in the early-90's I was on the California Bar body that certifies legal specialists. In drawing up the examination, one prominent business attorney suggested that we test the immigration aspects of acquisitions and mergers. Our 9-person commission felt that that area was a tad esoteric inasmuch as most immigration attorneys don't deal with it.
S Folinsky is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.