Current H-1B Employer Filed Ch. 11 Bankruptcy

[cybersean]

Hello, all.

My current H-1B employer filed for Ch. 11 bankruptcy protection, and my first term H-1B is due to expire Oct. of this year (2009). I would think that renewal must be filed as early as 2-3 months prior the expiration. My questions are:

1) What happens to current status of my H-1B if my company in Ch. 11 continues to employee me?
2) Will the renewal be possible under Ch. 11?


Thanks

 

[cybersean]

Those of you who may find yourself in unfortunate and uncertain situations as I am, here are the answers to the questions above which I heard back from a corp attorney:

1) The H-1B status is valid and continue to be valid as long as the entity does not get dissolved and employees you.
2) The entity under bankrupty will still be able to renew the H-1B given that they choose to and funds approved, etc.

It did share some light into the future, but it all hangs in the balance of how well company will restructure and if employment will be there.....

 

[vrm007]

Those of you who may find yourself in unfortunate and uncertain situations as I am, here are the answers to the questions above which I heard back from a corp attorney:

1) The H-1B status is valid and continue to be valid as long as the entity does not get dissolved and employees you.
2) The entity under bankrupty will still be able to renew the H-1B given that they choose to and funds approved, etc.

It did share some light into the future, but it all hangs in the balance of how well company will restructure and if employment will be there.....

Thanks for giving us the answers....I am kind of in a similar situation.

Got a question, what would happen if the company fails to restructure and go for the liquidation. Will we be getting any time to do the H1 transfer or else we will be out of status from that day itself.

Not sure if I have to hope for the company to get better or apply for H1 transfer right away. Chances that company coming out without liquidation are very high though ?