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Attorney_23

Mergers and Acquisitions

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This week, Murthy Law Firm attorneys will answer questions regarding the possible immigration consequences of a sponsoring employer's merger or acquisition.

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

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Hello,

My question may not be directly related but I hope its in the context. 
If an H4 EAD holder invested into a LLC (real estate investing ) as 40% stake holder and later the person's EAD is expired/under renewal process can that person continue the venture in that LLC and close any deals during the renewal period when EAD is inactive? Or does that person should wait until EAD is approved?

What restrictions will be there for H4 person while still continuing to have 40% stake in the LLC with expired EAD from day to day operations and investments perspective?

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My earlier employer (lets call them X), initiated my GC and I have a PD of Apr2010. This date is current as of this post. In early 2016, I switched jobs (a higher designation than what I had with X) using AC21 to my current employer (lets call them Y). In late 2019, I was promoted within Y to an even higher designation - all documentable under career progression - no issues there.

Till Feb-Mar 2021, my current employer Y was a NASDAQ listed public company. By Apr2021, Y was acquired by a Private Equity (PE company), de-listed from NASDAQ and taken private. DBA and Entity name have still been retained. On 01Jun2021, I received RFE for filing 485J, updated Medicals and Biographics. Along with my fully completed 485J form to showcase AC21 portability and career progression, I submitted by employment offer letter by current employer Y as well as my promotion letter.

As read from other users experiences on this forum, what are the chances that USCIS will ask for additional documentation regards my current employer Y (e.g. financials, articles of incorporation, letters, etc.)? Is there a precedence of what all documents are asked for by USCIS (if and when USCIS does ask for such additional documents)?

Edited by WattMan
Corrected typo

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On 6/24/2021 at 10:39 PM, whipper said:

Hello,

My question may not be directly related but I hope its in the context. 
If an H4 EAD holder invested into a LLC (real estate investing ) as 40% stake holder and later the person's EAD is expired/under renewal process can that person continue the venture in that LLC and close any deals during the renewal period when EAD is inactive? Or does that person should wait until EAD is approved?

What restrictions will be there for H4 person while still continuing to have 40% stake in the LLC with expired EAD from day to day operations and investments perspective?

Generally, during the gap between an H4EAD and the receipt of the new H4EAD extension, an individual is not authorized to work. Your description above sounds like USCIS/DOL could consider the operations as "work". 

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On 6/29/2021 at 9:49 AM, WattMan said:

My earlier employer (lets call them X), initiated my GC and I have a PD of Apr2010. This date is current as of this post. In early 2016, I switched jobs (a higher designation than what I had with X) using AC21 to my current employer (lets call them Y). In late 2019, I was promoted within Y to an even higher designation - all documentable under career progression - no issues there.

Till Feb-Mar 2021, my current employer Y was a NASDAQ listed public company. By Apr2021, Y was acquired by a Private Equity (PE company), de-listed from NASDAQ and taken private. DBA and Entity name have still been retained. On 01Jun2021, I received RFE for filing 485J, updated Medicals and Biographics. Along with my fully completed 485J form to showcase AC21 portability and career progression, I submitted by employment offer letter by current employer Y as well as my promotion letter.

As read from other users experiences on this forum, what are the chances that USCIS will ask for additional documentation regards my current employer Y (e.g. financials, articles of incorporation, letters, etc.)? Is there a precedence of what all documents are asked for by USCIS (if and when USCIS does ask for such additional documents)?

Your description above sounds like the transaction that occurred would be considered a successor-in-interest. However, if your AOS was filed more than 180 days prior to the transaction, then you could use AC21 to port to the new entity as if you were changing employers in the usual way. 

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