fashionista

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!

S Folinsky

A full set of facts is needed.

Flabound oneday

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

good luck

fashionista

Thanks - that's really helpful!

md95065

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.

S Folinsky

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.

fashionista

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.

S Folinsky

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.