Risk or Benefit ?

M

McBull

Registered Users (C)
I'm currently working for Company A (50+ employees) on H1B (4th yr). Also I have a approved I-140 with a PD of Jan 2006. Ofcourse EB3 - INDIA.
Recently I got a offer(with around 15% raise+extra benefits) from Company B (700+ employees). They are willing to transfer the H1B and also sponsor GC. But last week Company B was acquired by Company C (6000+ employees and NYSE listed).

I know you guys might be thinking of hiring/firing policies of Company C. Chances of firing anyone in my department are zero as Company C has no such department or area of expertise. Now this acquisition/transition is going to take couple of months. Company B want me to join in couple of weeks.
I haven't informed my current employer and also company attorney who did my GC.

Has anyone in this forum been in this kinda situation?
What is the best time to start the Labor process - before or after acquisition?
What is the effect of company merger/acquisition on GC process?

Please share your thoughts and experiences.
 
Do not jeapordize your PD, first make sure your old employer does not revoke your I-140. Otherwise you will loose that PD.

If that is taken care of then you are free to move to timbaktoo even....I mean you can find a company z for all you know that does not have any of these aquiring/firing stuff.
 
PD of Jan 2006--EB3 India ...... its not actually a precious commodity....

can you get EB2 with new company (Bachelors+5 years)....if so go for it..

i would prefer to join after merger/acquisition....unless the company insists that you join before and the attorney assures that its all just paper work he will take care...
 
06 PD is also important. We are already in 07, you can say it is useless since it is EB-3, but if he can port that PD to EB-2 then it is worth it. Otherwise EB-2 with 07 PD is no better than EB-2 with 06 PD.
 
gc_retrogress said:
Do not jeapordize your PD, first make sure your old employer does not revoke your I-140. Otherwise you will loose that PD.

If that is taken care of then you are free to move to timbaktoo even....I mean you can find a company z for all you know that does not have any of these aquiring/firing stuff.
Click to expand...

Are you sure....that one loses PD ---- if I-140 gets revoked/withdrawn by employer....

I have heard the contrary is true....the PD is retained forever by the employee!
 
Its a 50-50. Even lawyers have differing opinion about portability after I140 is cancelled.
 
New company(B) wants me to start on H1B beginning Feb. After the acquisition in April they will start the GC process.
Looking at the current VB, I guess there is nothing much to lose unless my employer revokes I-140 which I doubt. Also, I dont want to stick to the current employer for another 4-5 yrs which will jeopardize my professional growth. I feel this is the right time to make a move.

I will qualify for EB2 this year and may be "Exceptional Ability" if I get my professional license.

I will take a decision after talking to the attorney this week.
 
McBull said:
New company(B) wants me to start on H1B beginning Feb. After the acquisition in April they will start the GC process.
Looking at the current VB, I guess there is nothing much to lose unless my employer revokes I-140 which I doubt. Also, I dont want to stick to the current employer for another 4-5 yrs which will jeopardize my professional growth. I feel this is the right time to make a move.

I will qualify for EB2 this year and may be "Exceptional Ability" if I get my professional license.

I will take a decision after talking to the attorney this week.
Click to expand...
do u mean u may qualify for EB1-Exceptional Ability..........after you get your license??
 
McBull said:
New company(B) wants me to start on H1B beginning Feb. After the acquisition in April they will start the GC process.
Looking at the current VB, I guess there is nothing much to lose unless my employer revokes I-140 which I doubt. Also, I dont want to stick to the current employer for another 4-5 yrs which will jeopardize my professional growth. I feel this is the right time to make a move.

I will qualify for EB2 this year and may be "Exceptional Ability" if I get my professional license.

I will take a decision after talking to the attorney this week.
Click to expand...

McBull,

If I was in your situation, I would join company B and start the greencard with B immediately without waiting on the merger with comp C. Company B is medium sized and there is a very good chance that they would listen to you interms of GC category etc...('coz they have to show the resource count to comp C before the merger and they are really interested in you). Later you refile I-140 addendum with comp C, sure two I-140s will take sometime but anyway you would need to wait for your EB2 PD to file 485. All company C has to do is follow the immigration process that was started before the merger. If comp C is a hire and fire blue chip sometimes they would do something like eb3, non-RIR kind of route otherwise.

Its just my thought before you can actually discuss this with your attorney.
 
McBull said:
Exceptional Ability is EB2.
Click to expand...
i may be wrong....but i thought there is a EB2-NIW category........and there is EB1-EA ??

these two dont need labor certification......and they are employer independent.
 
techy2468 said:
i may be wrong....but i thought there is a EB2-NIW category........and there is EB1-EA ??

these two dont need labor certification......and they are employer independent.
Click to expand...
You are right.
EB1-Extraordinary Ability and EB2-Exceptional Ability(NIW) are employer independent. Also there is EB2-Exceptional Ability sponsored by employer apart from EB2-Masters.
I dont know if I would qualify under EB2-EA(NIW) coz I have only one publication and would not want to create another "NYSDOT" case. Will prefer to go with Employer.
 
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