Confusion - EAD vs H1B

[hkgk]

As you can see from my timeline, my GC through citizen spouse is stuck at background check. I don't have an update whether I-130 is approved although interviewer said my petition is approved pending background check.

I am currently on H1B and had an approved I-140 and Labor Cert, but my company has been acquired by a French firm.

With the acquisition, my labor cert and I-140 is automatically invalid, correct?

Should I ask the company to apply for H1B for another year? If so, can I extend H1B past 6 years? I have already been on H1B for 5 years now. If I can't go past 6 yrs, it might not make sense to go that route.

Is it fairly easy to get AP?

Please advise!

 

[TheRealCanadian]

I am currently on H1B and had an approved I-140 and Labor Cert, but my company has been acquired by a French firm. With the acquisition, my labor cert and I-140 is automatically invalid, correct?

It depends. Does your firm still exist as a legal entity? If not, have all of its assets and obligations been taken over by the acquiring firm? If either situation is true, the LC and I-140 remain alive.

If I can't go past 6 yrs, it might not make sense to go that route.

It might be simpler to use your EAD and apply for AP. AP should be straightforward.

 

[hkgk]

Thank you for your kind reply. Our firm was traded on NASDAQ but the French company purchased all of the shares and is no more traded here. So I am guessing answer to both of your questions are yes. I will apply for AP right away.