Joining Bankrupted Company

H

hussamk

Registered Users (C)
I am working with a bankrupted company as Contractor. Now this Company start converting contractor as Employee. and it ask me to join or leave


I am still on H1 with my sponser Company and I have my EAD card. but never used.

So if I join the bankrupted company using my EAD card does it effect my Green Card Process. did INS refuse my GC because it is bankrupted Company


my GC details is

# Wac 02 179 5xxxx
RN MAY 6, 2002
ND MAy 7, 2002
my I-140 was approved on 4/2002
 
Originally posted by hussamk
I am working with a bankrupted company as Contractor. Now this Company start converting contractor as Employee. and it ask me to join or leave


I am still on H1 with my sponser Company and I have my EAD card. but never used.

So if I join the bankrupted company using my EAD card does it effect my Green Card Process. did INS refuse my GC because it is bankrupted Company


my GC details is

# Wac 02 179 5xxxx
RN MAY 6, 2002
ND MAy 7, 2002
my I-140 was approved on 4/2002
Click to expand...


GC is for a future employment. SO your current job will not have any bearing on the GC process

hth
dyno
 
It does not matter. The company should be able to pay you your salary. I was working for Bankrupt company. Still it my I-140 got approved. All the financial aspects are considered at I-140 stage only. At I-485 stage it may not be so important, other then paying your salary regularly.

Recently one of my friend who is working for same bankrupt company got his I-1485 approval also.

I feel it may not be an issue at all.
 
Bankruptcy is purely a technical issue- it does not matter. Similarly if it is loss making Co. it does not matter. The only thing of relevance is the company's ability to pay. If the Co. is of certain size and has been around for some time- typically the financials etc are not even enquired. If enquired any Balance Sheet/ P&L etc would suffice.
HTH
 
Hi guys,

I am looking into using AC-21 to join my client.This client is in telecom industry and had laid off employees in the past.Now they are hiring and want me to join them as permanent employee.

My I-140 is approved and I have completed 180 days of I-485 filing too.

My question is - Does their lay offs in the past will have any bearing on my 485 processing?They have enough projects in hand now to keep me employed and pay me.

Thanks.
 
Hi guys,

I am looking into using AC-21 to join my client.This client is in telecom industry and had laid off employees in the past.Now they are hiring and want me to join them as permanent employee.

My I-140 is approved and I have completed 180 days of I-485 filing too.

My question is - Does their lay offs in the past will have any bearing on my 485 processing?They have enough projects in hand now to keep me employed and pay me.

Thanks.
 
The USCIS will not even know about the layoffs and anyway it is ability to pay you that counts and that your job is "permanent", not whether the company is restructuring (firing people) or rightsizing (firing people) or even repositioning itself in the market (firing people).
 
Hi Exile_2001,

I really appreciate your quick response.

My client is a well known telecom giant.Their layoffs have made headlines previously(sometime 2-3 yrs back).

hence the question.Thanks for the clarification.
 
If it is a well known company, you will be fine. I was at a large company that has made millions of dollars losses every year! No problem as far as USCIS is concerned, H1Bs and I-140s straight thru.

But if I move to a startup that is not making a loss but not showing a huge profit my I-485 will be rejected because there is no big cash reserve to pay me permanently.

Go figure. :confused:
 
satula134,
Layoffs are relevant for H1 and Labor. But with an approved I140- ability to pay and similar job/salary etc is what that counts.
HTH
 
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