485 filed, company to split ..please help

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vj66321

Registered Users (C)
Hi

I'm currently working for a company on a H1B visa.

Last week mine and my wife's 485 was filed.

today I heard that our company is going to split and my team is going to be floated as an individual company.

Now what do i do?

Can I transfer my exisiting H1 (with 18 months left out of 6 months) to the newly formed company?

If so what happens to mine and my wife's 485 that was filed ?

Ginnu , RealCanadian please respond.
 
GC, in any case, is for a future job. So I would suggest that you wait for 180 days from the receipt date of your 485 filing and then invoke AC21 by sending an EVL (same or similar job as stated in your LC) from the newly formed company to USCIS. This would mean less complication. Otherwise, you may have to take the 'succcessor intent' route which in my opinion is kinda messy.
 
catch_22_4_GC said:
GC, in any case, is for a future job. So I would suggest that you wait for 180 days from the receipt date of your 485 filing and then invoke AC21 by sending an EVL (same or similar job as stated in your LC) from the newly formed company to USCIS. This would mean less complication. Otherwise, you may have to take the 'succcessor intent' route which in my opinion is kinda messy.
Click to expand...

Thanks for your reply catch_22_4_GC.

So there is now way for me to file a H1 transfer now (for the new company) and still save my AoS application? right ?

The other point is, the new company's financial standing to sponsor me will be evaluated by USCIS when I invoke AC 21 , right?

My 485 would have reached USCIS Nebraska only on August 4, 2007. so i will have to wait for the receipt and then another 6 months (180 days).

The problem is I need to find a place in the company that will stay back.

anyways, I would like to hear more from you and others as well so that I know what my options are.
 
If the newly formed company can do a H1 transfer for you, then that would be great. Otherwise, you would need to use your EAD to legally work for the new employer. Per USCIS memo on AC21, the new company's financial strength DOES NOT MATTER. You should be fine using AC21 to jump to new employer after 180 days.

http://www.shusterman.com/pdf/ac21-51205.pdf
 
what happens if my exisiting company is acquired by another company? sorry, this is what I heard. My team will be floated as another company and the remaining part of the company will be acquired by another company.

In such a scenario, if i stay with the company (which sponsored by green card) and its name changes due to aquizition, what will be the fate of my 485?

also what will happen if i join a third company by filing a H1 transfer? should i start labor , 140 and 485 all over?
 
vj66321 said:
what happens if my exisiting company is acquired by another company? sorry, this is what I heard. My team will be floated as another company and the remaining part of the company will be acquired by another company.

In such a scenario, if i stay with the company (which sponsored by green card) and its name changes due to aquizition, what will be the fate of my 485?

also what will happen if i join a third company by filing a H1 transfer? should i start labor , 140 and 485 all over?
Click to expand...

Once the company is acquired all the immigration related matters will also be transferred to the new company. Usually there will be a sentence regarding immigration responsibilities in merger or acquisition documents. Make sure that this is included.

You may not need a new H1 but it will be a H1 amendment. For the green card you can use AC-21 but prior to AC-21 days it was required to file an amended I-140. Also if you cross 180 days before the merger or acquisition you are fine.
 
company to split and moving to the newly being spun company, 485 status?

Here is an update

My team is being spun as a different company and I would most likely be moving with the team.

I will have to transfer my H1 to this company.

The company attorney says since the new company was a part of the original one, there will be no impact to the green card.

Is this true?

Should my 140 be ammended? Should I file AC 21 from the new company after 180 days?
 
vj66321 said:
Here is an update

My team is being spun as a different company and I would most likely be moving with the team.

I will have to transfer my H1 to this company.

The company attorney says since the new company was a part of the original one, there will be no impact to the green card.

Is this true?

Should my 140 be ammended? Should I file AC 21 from the new company after 180 days?
Click to expand...

Does new company is getting new tax id?
 
vj66321 said:
Here is an update

My team is being spun as a different company and I would most likely be moving with the team.

I will have to transfer my H1 to this company.

The company attorney says since the new company was a part of the original one, there will be no impact to the green card.

Is this true?

Should my 140 be ammended? Should I file AC 21 from the new company after 180 days?
Click to expand...


If they are not revoking the I-140 I will go with AC-21. I-140 amendment is a hassle and easily avoidable
 
number30 said:
If they are not revoking the I-140 I will go with AC-21. I-140 amendment is a hassle and easily avoidable
Click to expand...

I have their 'word' that my 140 will not be revoked and that they will do everything to safeguard my H1 and Green card.

My attorney says, since its a split company from the parent company, and the parent company will still hold stakes in the new one...

I dont need a h1 transfer, can continue working on the same visa, and

that no change will be required to my labor,140 and my 485.

he says AC 21 is not necessary since it is a split from the parent company that sponsors me, and not a brand new compamy.

Is this true?

what will be the impact if I go by his words?
 
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