My Company files Chapter 11 while my labour is in process.

A

anilkl

New Member
Hi,
My company filed for chapter 11 protection while my labour with them is in process. They are telling that the company may merge with (or sell to) some other company. How will it affect my labour process and hence the green card. If some company "x" buys my present company do I need to file for labour again? I don't have much time left out in my H1. I have 1.5 more years. So is it OK if I continue in the same company or should I join some other company and start GC freshly. I need to make a decision soon.
My attorney is saying that this Chapter 11 / sell out things won't affect my green card process as long as my present company or the new company which buys won't lay me off .

I am expecting your most valuable suggestions and answers.

Thanks,
Anil.
 
I think

Attorneys should know about this....but how will you show Ability to Pay in 2 nd stage? Since the comp that filed GC should be profitable etc...Maybe the new company will take its place or something. I am just guessing...........


anilkl said:
Hi,
My company filed for chapter 11 protection while my labour with them is in process. They are telling that the company may merge with (or sell to) some other company. How will it affect my labour process and hence the green card. If some company "x" buys my present company do I need to file for labour again? I don't have much time left out in my H1. I have 1.5 more years. So is it OK if I continue in the same company or should I join some other company and start GC freshly. I need to make a decision soon.
My attorney is saying that this Chapter 11 / sell out things won't affect my green card process as long as my present company or the new company which buys won't lay me off .

I am expecting your most valuable suggestions and answers.

Thanks,
Anil.
Click to expand...
 
If a company has been acquired, merged or had a significant change in its ownership, the new or reorganized entity is generally considered a successor-in-interest ("Successor") to the originally existing company. In the immigration law context, the Successor is required to submit documentation evidencing that it has assumed the rights, duties, obligations and assets of the original employer and that it will be liable for the employment of the beneficiary subject to the terms set forth in the labor certification and I-140 Petition. Similarly, a company that changed its name or corporate structure would need to meet these requirements.

Check following link:
http://www.murthy.com/news/UDmaepis.html
 
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