Gurus Urgent Help needed !

B

Bindaas

Registered Users (C)
I heard, My Company planning to file Chapter 11, I am on H1 B, but have my EAD, EAD is expiring on next month (Oct -03) End. I have already applied for EAD renewal.
All orginal documents ( INS related ) are with My Company's Attorney.
Guys, can you suggest, what all precaution should I take?

Next thing, If I join other company on EAD, will my case be transferred to taxes ?
As my current company is under nebraska srvc center and I am living in NC that comes under Texas.

What all problems will I face if I do that?

If I do not receive my EAD renewal on time, then What should I do?

Thanks,
 
Bindass:

Ch-11 filing does not mean you will loose job, unless your company lays you off. It has no effect on your GC processing either.

So, if you are at no risk of loosing your job best bet would be to hang on with your GC sponcering company.

Should you must change, since your I485 is pending more than 180 days, you can activate AC21. You have to have a valid EAD for that. Make sure you have similar job description and salary range. Ead renewal takes about 2 months now-a-days. Since you'll be using AC21 very likely you'll get RFE and your case may be transferred to the service center under your new employer. That will further complicate and hence delay your 485 process...

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Standard disclaimer apply. I am not an expert.
 
jpmbank,

Thanks a lot for yr suggetion.
1 more question, there is un urgent need for me to go to India this month and coming back early next month, my EAD and AP expiring next month end.

If he files for chptr 11 and closes the company while I am out of country, will I be able to come back on AP and start working for some other company on EAD?
Currently I am on H1B.

Thanks
 
Chapter 11 protects a company from its creditors. Major implication is, if publicly held, shockholders (owners) loose their value to nilcha (zero). Companies file Ch11 in order to improve their business (not to close the business). If they decide to close the company - they have to file for Chapter 8 and liquidfy all their assets.

Make sure - what your company is planning to do! If they are closing the company and you still have to make the trip - seek some expert advice. In that case my take would be to - find a new job and postpond your trip till you do so. Quite logically, if the sponsoring company no longer exists you may be denied entry!

If ther are filing for ch11 (company still exits) and your job is at no stake - then I guess theres no risk.

---------------------------------------------
Standard disclaimer apply. I am not an expert.
 
Chapter 11 does not mean closing the company

I work at a company which filed for chapter11 and I know a
person who got his green card from this company after filing chapter 11.

Sept13
 
Guys Thanks

If I do not receive my New EAD by 30-OCt, my current EAD will expire and according to Interim EAD procedure, I can not apply untill 90 days ( By Nov-14th) of filing my EAD renewal, in that situation, what am I suppose to do, am I out of status?
if yes, can I come back to status after 14 days when I apply for Interim EAD?

Thanks
 
Far be it from me to be a guru, but here are some ill-informed thoughts anyway..

As long as your I-485 is pending, you are automatically in status. So, if you happen to be laid off as a result of the bankruptcy reorganization filing, you can chill till your EAD is renewed and then take up another job that is similar in responsibilities to the one on the basis of which your LC is approved. You can then claim AC21 portability if the denizens at BCIS express any curiosity about your employment status.

Of-course, if you get an RFE on your I-485 during the time you are unemployed, your sponsoring employer needs to be willing to reaffirm that the proferred position is still available to you.
 
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