Urgent ! Employer having problems - Please advise :(

[nervewreck]

Folks,

I have recently applied for 140 through my employer, with whom I have been in good terms for 6 years now.

My employer is going through partnership issues, and is considering various options as to how legally he can continue employing the candidates who work for him.

He is planning to set up another company as the existing company could go into a legal litigation.

I am clueless what my options are, and what my situation will be.

I have been waiting for LC to come through for many years now, which recently came in. And we applied for 140 recently. Just received the receipt as well.

Did anyone in this forum go through anything similar to this situation?
If my employer starts company B, can he show that he has acquired company A (that I work for now), and thus continue employing me and others and progress with H1 and 485?
Can existing approvals be transfered to the new company?

Can anyone suggest how I can preserve my PD (08/2002) and not lose all these years that I have anxiously waited ?

Your thoughts and insights are truely appreciated.

Thanks !

 

[bigbang2001]

It is unfortunate but there are still ways so do not loose hope. It is difficult and definitely walk on a tight rope wit steep fall in Priority date gutter assuming you are in a retrogressed category. I have and still facing a similar situation so here are few things I can share with you.

1. The new company should be in a similar location meaning same metropolitan district or your LC is invalid.

2. You should be doing similar or same work in a similar position.

3. Most importantly there should be documentary evidence of Successor in Interest. The successor company should be taking all the assets and liability.

Now here is the confusion. USCIS in a memo in October 2000 stated that it looks for assumption of only immigration liability and not corporate liability. Now this was a memo not a law or binding. So how Nebraska and Texas would take it is difficult to predict.

4. As per one lawyer I consulted, the new company should have existed from the day your labor was filed to prove that they are successor from the day this job was created.

5. As per another lawyer there should some exchange of money to show there is an buy/sell agreement. That money should be more than salaries of all immigrants employes.

If you find more the for the benefit of this formum members and fellow to be immigrants please do post. It is the silent reader who are most selfish people I have seen on these kind of forums who would see something they can contribute but would not and then expect their answers in 30 minutes of posting.


Tough. Yes. I am living through this and still hoping my I-140 would be cleared.

Good Luck. I

Folks,

I have recently applied for 140 through my employer, with whom I have been in good terms for 6 years now.

My employer is going through partnership issues, and is considering various options as to how legally he can continue employing the candidates who work for him.

He is planning to set up another company as the existing company could go into a legal litigation.

I am clueless what my options are, and what my situation will be.

I have been waiting for LC to come through for many years now, which recently came in. And we applied for 140 recently. Just received the receipt as well.

Did anyone in this forum go through anything similar to this situation?
If my employer starts company B, can he show that he has acquired company A (that I work for now), and thus continue employing me and others and progress with H1 and 485?
Can existing approvals be transfered to the new company?

Can anyone suggest how I can preserve my PD (08/2002) and not lose all these years that I have anxiously waited ?

Your thoughts and insights are truely appreciated.

Thanks !

 

[bigbang2001]

I just noticed that you have already files for I-140. In this situation usually an amendment is needed. I have not gone via this path as my labor was pending when my company got acquired.

Take some more advice from your company lawyer but should you file an amendmen you would need a successor in interest document to prove that new company is successor for the job opportunity your labor was filed for.

It is unfortunate but there are still ways so do not loose hope. It is difficult and definitely walk on a tight rope wit steep fall in Priority date gutter assuming you are in a retrogressed category. I have and still facing a similar situation so here are few things I can share with you.

1. The new company should be in a similar location meaning same metropolitan district or your LC is invalid.

2. You should be doing similar or same work in a similar position.

3. Most importantly there should be documentary evidence of Successor in Interest. The successor company should be taking all the assets and liability.

Now here is the confusion. USCIS in a memo in October 2000 stated that it looks for assumption of only immigration liability and not corporate liability. Now this was a memo not a law or binding. So how Nebraska and Texas would take it is difficult to predict.

4. As per one lawyer I consulted, the new company should have existed from the day your labor was filed to prove that they are successor from the day this job was created.

5. As per another lawyer there should some exchange of money to show there is an buy/sell agreement. That money should be more than salaries of all immigrants employes.

If you find more the for the benefit of this formum members and fellow to be immigrants please do post. It is the silent reader who are most selfish people I have seen on these kind of forums who would see something they can contribute but would not and then expect their answers in 30 minutes of posting.


Tough. Yes. I am living through this and still hoping my I-140 would be cleared.

Good Luck. I

 

[nervewreck]

Thanks for your response BigBang2001.
My attorney and my employer are in the same impression too, that a successor in interest should be sufficient.

In any case I will relay the notable points that you mentioned above, to them and then we will see how they want to handle this.
Will definitely keep this forum posted about each and every development in this regard.

I absolutely agree with you. There could be many people in this forum who are experiencing or have already went through, similar issues like these. Quite unfortunately they decide to keep information to themselves and be selfish readers. All one can ask from them is to take a step and share.

 

[GCdreamzz]

Thanks a lot bigbang2001 for your quick reply and sharing your information.

Hi GCdreamz

I am in a similar situation and feel for you. RajaYogi seems to have done some research but he no longer visits these boards.

It is a tricky situation and immigration-law.com in a question asked on December 29/2005 mentions that I-140 gets denied in asset acquisition kind of mergers.

I am awaiting my decision as this is the only lifeline I am left with being from EB-2 India. Following is what I have gleaned from several sources. In all this my current company's lawyer ( and he is from a big company and never had a denial on a single case) is 100% sure of approval on successor in interest.

Let me know if you come across more.

1.The new company should be in a similar location meaning same metropolitan district or your LC is invalid.

Yes, I am in the same district as the LC was filed.

2. You should be doing similar or same work in a similar position.
Yes I will be doing the same job as listed in the Labor

3. Most importantly there should be documentary evidence of Successor in Interest. The successor company should be taking all the assets and liability.

Now here is the confusion. USCIS in a memo in October 2000 stated that it looks for assumption of only immigration liability and not corporate liability. Now this was a memo not a law or binding. So how Nebraska and Texas would take it is difficult to predict.

Here - My new company will not be taking the assets but only will be taking the immigration Liablities - so I am concerned here. But according to my laywer she says its very much fine.


4. As per one lawyer I consulted, the new company should have existed from the day your labor was filed to prove that they are successor from the day this job was created.

Have to check with my employer if that holds true in my case

5. As per another lawyer there should some exchange of money to show there is an buy/sell agreement. That money should be more than salaries of all immigrants employes.
As they are not buying the assets, I am not sure if the contract they sign will be more than the salaries of all immigrats together ..
THIS GETS ME WORRIED AGAIN.


http://www.immigrationportal.com/showthread.php?t=219852

Thanks for the link - I will keep posted about my situation. As of yet I am waiting for the company process and then I will go ahead with the filing of I 140.

- GCDreamzz.