Hello, All experts,
I am in trouble and confuse. Can anyone give me advice?
A(oversea parent company)
-> Aa (manufacturing in US)
-> Ab (Sales & CS in US) -> Aba (sub company of Ab in US)
I was working for a company Aa from 97’ and start green card process since 99’. On last year, (November 2002), I finally received notice of approved LC from INS and going to continue I-140 and I-485 at same time. But problem is my Aa company will close on December 2002, according to company attorney, it may take risk to continue I-140 and I-485, so he suggested holding the process.
Aa company has transferred me to Ab company as a temporary contractor for 6 months (doing same job as in Aa) and apply new H1-B to maintain my status. By that time, Ab company has promised me to put me as a permanent position and continued my green card process in short future, because they need more time to change organization.
Now, they are going to move me to a permanent position from Ab to Aba, which is the sub-company of Ab. But, according to company attorney, he could not continue my previous LC because Aba company did not transfer most employees and most business from Aa and Ab has no liability for Aa. (Aa has 8 engineers and 35 total employees before. Only 1 engineer (me) and 4 employees were transferred to Ab company for temporary basis.) Aba company took most inventories from Aa company and does same business to sell inventory.
Will the term of “transfer” not be applied for me? Is it true? Even I am doing same job?
Aa and Ab have same parent company in oversea. They have same ownership from parent company. Can I use the term of “transfer status” from Aa to Aba to continue the process of I-140 and I-485 (job description is identical)?
Is any way that I can save the previous LC and my another 4-year waiting?
I am in trouble and confuse. Can anyone give me advice?
A(oversea parent company)
-> Aa (manufacturing in US)
-> Ab (Sales & CS in US) -> Aba (sub company of Ab in US)
I was working for a company Aa from 97’ and start green card process since 99’. On last year, (November 2002), I finally received notice of approved LC from INS and going to continue I-140 and I-485 at same time. But problem is my Aa company will close on December 2002, according to company attorney, it may take risk to continue I-140 and I-485, so he suggested holding the process.
Aa company has transferred me to Ab company as a temporary contractor for 6 months (doing same job as in Aa) and apply new H1-B to maintain my status. By that time, Ab company has promised me to put me as a permanent position and continued my green card process in short future, because they need more time to change organization.
Now, they are going to move me to a permanent position from Ab to Aba, which is the sub-company of Ab. But, according to company attorney, he could not continue my previous LC because Aba company did not transfer most employees and most business from Aa and Ab has no liability for Aa. (Aa has 8 engineers and 35 total employees before. Only 1 engineer (me) and 4 employees were transferred to Ab company for temporary basis.) Aba company took most inventories from Aa company and does same business to sell inventory.
Will the term of “transfer” not be applied for me? Is it true? Even I am doing same job?
Aa and Ab have same parent company in oversea. They have same ownership from parent company. Can I use the term of “transfer status” from Aa to Aba to continue the process of I-140 and I-485 (job description is identical)?
Is any way that I can save the previous LC and my another 4-year waiting?