Labor Certification & Company Bankruptcy
- Thread starter Det2
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IndiraGandhi
Registered Users (C)
Employment based GC -- will hire the potential employee and will pay the wage. so when there is no company existance, or fails to its financial success, I doubt it if USCIS will approve the GC.Det2 said:
Only after using AC-21 (I-485 pending>180 days) is it irrelevant if company will still be around.
However if you have pending or approved labor it can be use for extensions and there is no danger company ever withdraws or substitutes since they are simply not around anymore. So it might still be worth filing that backup 'anchor'.
However if you have pending or approved labor it can be use for extensions and there is no danger company ever withdraws or substitutes since they are simply not around anymore. So it might still be worth filing that backup 'anchor'.
IndiraGandhi said:
A friend of mine in NJ got his labor approved and then applied for I140, 485, EAD and Advance parole. He got the EAD card and did not bother to renew his H1B visa. After a couple of months his I140 got rejected - reason His company was making losses. He then tried to get his H1 extended and they rejected his H1 too. He had to leave US.
Det2 said:
If the company will be able to give you the salary it does not matter. I personally know many people getting labor certification when company was bankruptcy. Layoff for the same position may affect. But I know at least three cases approved even after layoff. This company was in the news. Most people were aware of this. It CEO was arrested. After this two people got Labor approval.
rajeevnair32
Registered Users (C)
Sorry for being off topic
Sorry for being off topic, but do you seriously think that the situation will remain same by the time DOL approves your case. I don't think so!
Your case is June 2004 case, so probably the LC case will get done by 2009-2010. By then, your company will have come out of bankruptcy or another company would have acquired your company.
There is a small probability, however, that your case will be reviewed before that time frame by using top-of-the-line DOL case processing software.
If your company has more than 100 employees, there is nothing to worry about!
Sorry for being off topic, but do you seriously think that the situation will remain same by the time DOL approves your case. I don't think so!
Your case is June 2004 case, so probably the LC case will get done by 2009-2010. By then, your company will have come out of bankruptcy or another company would have acquired your company.
There is a small probability, however, that your case will be reviewed before that time frame by using top-of-the-line DOL case processing software.
If your company has more than 100 employees, there is nothing to worry about!