Need advice...

[merovingian]

Hey,
I filed for green card and got approved. Unfortunately my spouse's case was transferred to local office. We filed Work authorization for her, it got transferred too.

The company where she works has 2 locations. She has H1-B until 2008. Location where she works recently has been bought by another company.

She must start working for another location, but the name of company has been changed and the duties will be different.

What would be the best decision in this situation? Not to work until EAD approved?

 

[TheRealCanadian]

She must start working for another location, but the name of company has been changed and the duties will be different. What would be the best decision in this situation? Not to work until EAD approved?

In the best case, USCIS will ignore the job switch and approve her. Maintaining employment status in the case of dependents doesn't seem to be something USCIS focuses on as much.

In the worst case, let's assume she falls out status the day she starts at the new location, until the EAD is approved or her interview. Will she be out of status for less than 180 days? If so, then this is a 245k case and there shouldn't be an issue.

 

[saigc]

Hey,
I filed for green card and got approved. Unfortunately my spouse's case was transferred to local office. We filed Work authorization for her, it got transferred too.

The company where she works has 2 locations. She has H1-B until 2008. Location where she works recently has been bought by another company.

She must start working for another location, but the name of company has been changed and the duties will be different.

What would be the best decision in this situation? Not to work until EAD approved?

merger and acquisition may have less or severe impact in immigration perpective. make sure you check with legal cousel prior start working for the new company.

 

[merovingian]

Thank you, Real Canadian. That gives me some comfort.
Saigc, since the owners of the company did not change (second location), they see it as internal transfer. I was looking into our options such as not working or transfering H1-B until I found out, that my wife is working for second location since 5/1/06 (she found out that yesterday!). Coming paycheck will reflect that. Technically it is too late. But the business angle complicates everything, maybe even help helps hopefully. In the worst case scenario, I will have to work the edge that it is still the same company, just name was changed.

 

[TheRealCanadian]

Saigc, since the owners of the company did not change (second location), they see it as internal transfer.

It is, but does the LCA for the wife's H-1B include the second location? If not, then it's not valid and I suspect they'll need to amend the LCA. They don't need to transfer the H-1.

Seriously, if the company doesn't change it probably won't come up, and even if it does 245k should cover her. Just make sure the EAD comes less than 180 days after the transfer, and she's good.

 

[merovingian]

It is, but does the LCA for the wife's H-1B include the second location? If not, then it's not valid and I suspect they'll need to amend the LCA. They don't need to transfer the H-1.

Seriously, if the company doesn't change it probably won't come up, and even if it does 245k should cover her. Just make sure the EAD comes less than 180 days after the transfer, and she's good.

LCA does not include second location. I will look into getting a new LCA for second location. That should be easy. And in the JULY I am kicking in the door of local INS office to request EAD for my wife.
The company not very big, used to be 150 people, now only 50. And they do not have immigration lawyer. The HR people using this company as a steping stone and I suspect they might make few mistakes there and here. Just do not want to suffer consiquenses.
Thank you Real Canadian, I really appreciate your input.