Please advise, Changing employment to the asset buying company

R

rajanCA

Registered Users (C)
Hi All, My 140, 485 notice date is Aug 28th 2003. I received my EAD and waiting for the advance parole document(AS per online it is mailed on 01/06/2004).
I work for Company A which is selling all the assets to Company B, For some reasons company B don't want to take the whole company, so it is buying our assets and a shell of company A will be around until 2005. Company B will provide some funds to A and there won't any full time employees or any other activities in A. Because of my immigration issue, company B is giving me an option to stay with company A and work for B as a contractor OR Join the company B after 180 days of pending 140 and 485. (I know that I need 140 approval to use AC21 but since company A is around and continue my 140, can I switch to company B)
Please help me which options to go. Since it is not a complete merger my H1B will not be transferred to B, Am I right?
 
This case is potentially tricky because it may or may not be a "successor in interest" case. Is Company B assuming the liabilities of A, or just the assets? If all that is left is just a shell and Company B is taking everything, then you might have hope.

The other issue you run into is the fact that the I-140 is not approved. If USCIS starts sniffing around Company A's financials, they may deny the I-140 since the company would not be able to pay the proferred wage.

I'd see what an attorney says about this being a "successor in interest" case first before we try AC21.
 
Hi TheRealCanadian,
Thanks for you response and the main reason for shell company (Company A) is they don't want to take the liabilities, basically the contract with company A's existing customers. Before taking to an attorney(usally our attorney confuses a lot) I want to get the comments from you guys.
 
hi realcanadian

thanks for your reply.
FYI: I found the following posts:
Posted by al_paso:
I had a similar situation for my H1B. I was told by the company lawyer(old company) that H1B (like I-140) is the company's petition hence company asset and would be transferred via
successor-in-interest clause.
I think this should be the case with I-140 as well.
When you said "buying asset" it rang a bell and I wanted to share what I knew.
Please consult your lawyer for valid information.

posted by bajis
http://murthy.com/UDmaepis.html
 
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