Employer Acquisition - question

[horo]

My employer was recently acquired by a much larger company. Their HQ is located in a different state, so they gave us an option to either relocate or take the severance package. I definitively want to keep my job and relocate, so below are my questions. If anybody can help I would greatly appreciate it.
I am on my 8th year on H1b that expires in April '09 (I-140 approved, I-485 pending over 180 days).
Since my employer’s name and location is different:
1. Can I still maintain the H1b status?
2. Will I be eligible to apply for another extension?
3. Do I need to submit AC21 to explain my employment situation, so I do not have problems with my I-485 approval?

 

[Jackolantern]

1. Unless the new location is within "reasonable commuting distance" of the original (typically 50 miles), you will need to file an amended H1B petition to stay in H1B status.
2. Yes, if you do the amended petition for the new location.
3. No need to file AC21 if the employer doesn't and won't revoke the I-140. In your case, they won't revoke the I-140 unless they fire you.

 

[tammy2]

3. Do I need to submit AC21 to explain my employment situation, so I do not have problems with my I-485 approval?

If you are moving to another state or location which is not mentioned on the original LC I will suggest to use the AC-21. If you are not doing that then you may have to amend the I-140 which is more complicated.

 

[Jackolantern]

If you are moving to another state or location which is not mentioned on the original LC I will suggest to use the AC-21.

Using AC21 and filing papers for it aren't the same thing. By changing jobs (within the "same or similar" criteria) or job location, you have used AC21, whether or not you actually filed papers in support of it.

Filing AC21 documentation is to protect yourself against the employer revoking the I-140, or to respond to USCIS if they inquire about your employment situation (whether or not they are doing so in response to the employer revocation). In the OP's case, where the employment arrangement is continuing after the move, the employer isn't going to revoke the I-140 unless they lay off the OP, so filing AC21 proactively is unnecessary. If anything, it might unnecessarily raise some fear with the new management if one requests an immigration-related letter to be written, if the acquiring company is one that doesn't sponsor people for green cards or visas.

 

[tammy2]

Using AC21 and filing papers for it aren't the same thing. By changing jobs (within the "same or similar" criteria) or job location, you have used AC21, whether or not you actually filed papers in support of it.

Filing AC21 documentation is to protect yourself against the employer revoking the I-140, or to respond to USCIS if they inquire about your employment situation (whether or not they are doing so in response to the employer revocation). In the OP's case, where the employment arrangement is continuing after the move, the employer isn't going to revoke the I-140 unless they lay off the OP, so filing AC21 proactively is unnecessary. If anything, it might unnecessarily raise some fear with the new management if one requests an immigration-related letter to be written, if the acquiring company is one that doesn't sponsor people for green cards or visas.

Not necessarily sending an AC-21 letter protects you against employer revocation of I-140. Whether you are sending the documentation or not you are using AC-21. Company fear and all other things are your assumptions do not matter legally.

 

[Jackolantern]

Not necessarily sending an AC-21 letter protects you against employer revocation of I-140.

Sort of, but when the AC21 documentation is proactively sent, USCIS oftens sends the RFE or NOID anyway, as they don't always bother to check that the documentation is already on file. And given that the acquiring company is going to continue to employ the OP, revocation of the I-140 isn't going to happen without a layoff. And if such a layoff happens, the previous AC21 stuff that was sent would be useless anyway, as it would become necessary to find a new employer and do another AC21.

Company fear and all other things are your assumptions do not matter legally.

Company fear could mean they roll you into the mass layoffs already happening as a result of the acquisition, in order to avoid having to think about immigration details (of course, they won't tell you that is the reason for your layoff).