CP interview approaching, but company bankrupted, what should I do?

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motown

Registered Users (C)
CP interview approaching, but I have to change company, what should I do?

Hello gurus,

I am starting this thread, since it is a unique situation; hope you can share some information and help me out!

My green card sponsoring company got bankruptcy, a new company purchased asset of my company, but refuse to take immigration liability. So I can not carry over my green card case. The acquisition is in the transition period starting 2/11/05, and it will be closed in about 90 days, according the court. I can be still in my old company's pay roll during this 90 days period. After that, no guarantee. I have to switch to the new company's pay roll.

Have you ever heard that CP interview using different company employment letter/pay checkstab?

Is it required to work for the same company during the CP process, like my case?

Your advice is highly appreciated,

Motown

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Here is my case info:

1. EB3
2. PD: 2/13/02
3. I-140 approved: 2/2004
4. Package 3 in NVC: 6/4/04
5. Under "Administrative process", pending in NVC since 8/18/04. No idea when it finish.
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Do you still have the job with the new company? If so all that you need is a letter of employment from your new company with an explanation regarding the takeover.
 
motown said:
Hello gurus,

I am starting this thread, since it is a unique situation; hope you can share some information and help me out!

My green card sponsoring company got bankruptcy, a new company purchased asset of my company, but refuse to take immigration liability. So I can not carry over my green card case. The acquisition is in the transition period starting 2/11/05, and it will be closed in about 90 days, according the court. I can be still in my old company's pay roll during this 90 days period. After that, no guarantee. I have to switch to the new company's pay roll.

Have you ever heard that CP interview using different company employment letter/pay checkstab?

Is it required to work for the same company during the CP process, like my case?

Your advice is highly appreciated,

Motown

=========================
Here is my case info:

1. EB3
2. PD: 2/13/02
3. I-140 approved: 2/2004
4. Package 3 in NVC: 6/4/04
5. Under "Administrative process", pending in NVC since 8/18/04. No idea when it finish.
=========================
Click to expand...

I understand from http://www.murthy.com/print/UDac21up_P.html that for H1B the "successor entity would be considered a successor-in-interest for immigration law purposes ". I believe the problem is not in establishing they are successor-in-interest but their refusal to take up the liability. In other words, the new company can be enough for your paystubs/employment letter provided they were willing to take the liability. However I am not qualified to answer this. What is your lawyer's opinion on this?
 
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Hello nkm-oct23 and Sandeep_N,

Thanks for your quick response!

My lawyer's opinion is to send letter to congressman and senator to push "Administrative process" in order to get IV soon. Mean while, try to find a company with LCA (with PD before 3/1/2002 in mechanical engineering). If IV in the next 3 months, everything is fine. Otherwise, go to the new company, and start to file H1/140/485/EAD in the same time.

What I feel is that I have waited for 3 years, day and night, it is really sad to think about another 3 years (my H1 expired next Sept.). My another thinking is that my lawyer is thinking about the attonery fee of $2500 by starting a new case - he may not fully stand for me in this issue.

Best regards,

Motown
 
I don't think involving a congressman at this stage will help. You have not told if you continue to have the same job and if the new employer is willing to hire you for the same position with same job description and salary. There is no question of any liability here for your employer, he either wants you to work for him or he doesn't.
 
motown said:
Hello nkm-oct23 and Sandeep_N,

Thanks for your quick response!

My lawyer's opinion is to send letter to congressman and senator to push "Administrative process" in order to get IV soon. Mean while, try to find a company with LCA (with PD before 3/1/2002 in mechanical engineering). If IV in the next 3 months, everything is fine. Otherwise, go to the new company, and start to file H1/140/485/EAD in the same time.

What I feel is that I have waited for 3 years, day and night, it is really sad to think about another 3 years (my H1 expired next Sept.). My another thinking is that my lawyer is thinking about the attonery fee of $2500 by starting a new case - he may not fully stand for me in this issue.

Best regards,

Motown
Click to expand...

If the lawyer is reccomending something that defies logic and legal precedence, one should start looking for a new lawyer. I removed the lawyers from the CP process after my case reached the NVC. He is a excellent lawyer and has tremendous experience and contacts with USCIS, but I felt he will add very little value but more delays to the CP processing.

Like others suggested, getting an employment letter from the new company maynot be a big issue. One can show documents showing that the company was acquired by the new entity and your employment is transferred. One can also show equivalence in employment between the old and new companies.

Keep in mind that two things that matter from the Employer, for CP interview are the current paychecks and a notorized employment letter. In the new company one will need someone in HR dept who will give such a letter. Also, if IV is for a future job position one really dont need the pay stubs.

Mean while you can push the senator and congressman offices to expedite the processing.

You can also file for more than one 140, hence looking for another company willing to sponsor you is still viable.

Another option may be to file a 485 based on the approved 140 (if your PD is current). Others can comment on this possibility s.

Btw, are you from mainland China?
 
Thanks nkm-oct23 and vu2vut for your suggestions.

Yes, the new company will hire me. I will be working for the same job, even working in the same cube. The new company starts to file a H1 for me - so the job function no change.

Another options is file 485, as you suggested. But I am afraid that it will demage my CP - which I have been binding since 2/2004, and maybe (just maybe) end soon, since the cutoff date just moved to March 1st, 2002, while my PD is 2/2002. If I can get IV, I get the card right away.

Yes, I am from mainland china.

Best regards,

Motown
 
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