Suggestion from Jim Mills

G

GC_Waiting2001

Registered Users (C)
My friend is in a situation where he joined company A in 1999. Company A filed for his labor certification in July 2000 and was cleared in October of 2000. By the time his I-140 was filed the company was acquired by Company B. So on the I-140 was filled with company "B" name. After the filing of I-485 in September of 2001 in December 2001 Company "B" went bankrupt and spun off all the companies it acquired in 2000. That way the old company "A" again came into existence with the same name but different Tax ID. Company "A" has acquired all the old employees and contract back from company "B". Now my friend is worried about the fate of his I-485. According to the lawyer there is no need to amend I-140 because its a case of succession of interest and also becasue the same company did his labor certification two years ago ,so all that is needed is to inform the INS about this change which he has already done. He was never laid off from the company "B" and still has the same job profile working for the same client for last three years.My friend has already got his fingre printing done and now awaiting approval.

Please provide your insight....

Thanks in advance.
 
There should be no problem

There is no longer a successor in interst problem. The laws have completely changed in the last six months. The current law is that both H-1 and GC remain unaffected by a restructuring/merger/acquisition as long as the purchasing company takes over all rights and liabilities regarding a particular employee and the job remains subtantially similar to the one subject to GC or H-1.

The nature of acquisition is now irrelevant.

There is one complication in your case - the ability to pay wages. That may no longer be an issue, but something to keep an eye out for.
 
You must log in or register to reply here.
Top