Some employees outsourced to another company

[test1485]

Some employees outsourced to another company. ie. Does AC21 applies here Some employees outsourced to another company. Does this come under the category of company merger/aquisitions. i.e AC21 can be used. Does it apply even in labour stage. Any thoughts on this are appreciated. Thanks.

 

[ruxrux]

Who pays them? What's the company name on the paycheck?
And no, AC 21 does not apply in labour stage. Did I get it right, some of the outsourced people have filed for LC?

 

[test1485]

Thnaks Ruxrux. New company name on the pay check. LC filed by previous employer over 2 years. Does this comes under the concept of takeover/acquistion. If so, does AC21 can be applied? Is H1 of the primary employer valid. Appreciate your opinions. Thanks.

 

[pralay]

Thnaks Ruxrux. New company name on the pay check. LC filed by previous employer over 2 years. Does this comes under the concept of takeover/acquistion. If so, does AC21 can be applied? Is H1 of the primary employer valid. Appreciate your opinions. Thanks.

Your are not explaining your situation clearly. So it's difficult to comment on it. Is your LC is already approved? Is your I-140 is already approved? Is your I-485 is pedning for more than 180 days?

In brief:
Outsourcing is nothing but contracting to someone or some company. LC does not apply to contract workers. LC applies to only employee (or future employee). However, you can use AC21 if ALL the four points applies to you:
1. your LC is approved for company A
2. your I485 is pending for more than 180 days
3. Now you are working for company B (new employee)
4. Your job profile at company B is same as that was at company A.

 

[rk4gc]

Some employees outsourced to another company. ie. Does AC21 applies here Some employees outsourced to another company. Does this come under the category of company merger/aquisitions. i.e AC21 can be used. Does it apply even in labour stage. Any thoughts on this are appreciated. Thanks.

If I understood right, this is what your scenario looks like.

1. Company A filed your labor 2 years ago and is still pending.
2. Now you are moved to company B, by some means. Call it outsourcing. The end result is you are no more employee of A but employee of B.

Now your question is can you transfer your Green Card processing to Company B?

The short answer is "NO", unless the so called outsourcing is actually acquistion of part of the company A to company B. If its acquisition then company B can append the Labor once approved and apply for I-140 and continue your Green Card Processing.

Another solution is to ask Company A to continue Green Card Processing as a Future Employment GC and use AC21 after I-140 approved and I-485 is pending for 6 months as posted by pralay.

I hope this helps. Good luck.