change in ownership and GC petition

[sakabih2003]

Hi,

Thanks for all of you who have donated your time. I have a question about the petition for permanent residency.

My company is commited to sponsoring me for permanent residency. However, there is potential in change in ownership in the next 5 months - the company might go public or be sold off to another parent. At this point i am trying to figure out if we can start the process, get the labor certification, or should we wait until the ownership is resolved? In general how does the change in sponsor's ownership affect one's petition.

Thanks

 

[PradK]

sakabih2003...

There is no simple answer to this for

1. Complexity of the nature of mergers and acquisitions
and
2. History of very rigid conditions by DOL & USCIS. While DOL and USCIS seem to have softened their stand (probably because even Congress passed laws for H1B to this effect), it all depend on exact terms of agreement between these Cos.

If possible, try to have your immigration attorney advise the attorneys working on merger to add favourable lines in the terms. Believe me it is very important.

And, in your case if the above is not possible, in the worst case, you may have to restart which is nothing different from waiting for the things unfold in whatever timeframe. In the best case scenario, your process is underway and possibly you can continue the process as well.

HTH,
-Prad

Hi,

Thanks for all of you who have donated your time. I have a question about the petition for permanent residency.

My company is commited to sponsoring me for permanent residency. However, there is potential in change in ownership in the next 5 months - the company might go public or be sold off to another parent. At this point i am trying to figure out if we can start the process, get the labor certification, or should we wait until the ownership is resolved? In general how does the change in sponsor's ownership affect one's petition.

Thanks