Acquisition/merger of companies

H

h1babu

Registered Users (C)
Hi There,

I work for company A and the company filed for Labor in 2002 June in non RIR. Now, the company is getting acquired by Company B. What will happen to the labor certification application if I could manage to retain the job? Its same job, same functions etc.

Thanks,
h1Babu
 
I believe that if the new company is willing to take the responsibilities of your immigration process and continue from where it has been left you should be fine. I think that there is a clause on that but am not able to find the document for the same
 
My company went through 2 mergers last year. The h1b and GC carries over as long as it is a "Asset and liability" merger. Along with companies even lawyers changed, though my h1 abnd GC was filed by company 2 mergers back, the current company is continuing the same case with its own immigration attorneys.
 
I am in a similar situation and trying to find answers to the following questions. Here is my situation.

I've been working for a company since year 2001, and I am currently on my 8th year H1-B extension. In October 2002, my company filed for my GC. I cleared my Labor Certification in the second week of January 2005. Thereafter, my company filed for my I-140 (non-concurrent, since I fall in the EB-3 category and am a victim of the I-485 retrogressions).

This week, my company announced that the business unit that I have been working with has been sold off to a group of private investors, and will be spawned as a separate, privately owned company. Hence, all the employees in my business unit will now be the employees of the new company, which is to come into effect at the end of April 2005. This requires all of us to sign new employment letters and begin employment with the new company starting May 1, 2005. My questions:

1. Since my Labor Certification was filed by the parent company, does it mean that it stands invalidated starting May 1, 2005? Or can it transferred to the new company, since the job description, my designation and salary remain unchanged?

2. If my LC has indeed been invalidated, then I won't be able to transfer my H1-B to the new company, because the very basis of H1-B extensions beyond 6 years is the Labor Certification. Is my assumption correct?

3. If both (1) and (2) are correct, then the only option that remains in front of me is to pack up and leave for India. Can anybody think of any other possibilities that will allow me to continue my employment with the new company?

Someone please tell me that I am wrong with my assumptions above, and that I can continue working with the new company....

My current H1-B (sponsored by the parent company) expires in November 2005.... I don't know if it can be transferred to the new company. If it cannot be transferred, then is it legal for me to continue working on my current H1-B until November 2005?

Thanks a lot for your help. I hope somebody will respond ASAP....

Best Regards!
 
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