desperate_in_OR
New Member
Hello everyone!
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 become 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!
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 become 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!