giljoscaria Posted May 13, 2013 Report Share Posted May 13, 2013 Hi, I am in a complicated situation.Any help would be appreciated. I am currently working with company A on my 7th year of H1B . My H1B is valid till 2016 based on the three year extension which I got using approved I-140 from the same employer(Company A). Last month company got merged and now Company A does not exist anymore. A successor of interest Company B is enacted and layoffs are being announced. I am curious what options I have if I have to look for another job . 1) Can I transfer my H1B to a new company with the approved i140 copy (but this company A doesnt exit anymore because of the merger) 2) Can I just file for H1B transfer without showing I140 copy but based on the approved H1B extension until 2016 Thanks in advance, Joe Link to comment
Belle Posted May 13, 2013 Report Share Posted May 13, 2013 Bankruptcy? Did you just put it into the header for fun? Link to comment
giljoscaria Posted May 14, 2013 Author Report Share Posted May 14, 2013 No. Company A filed chapter 8 and entered into merger and exited bankruptcy to form Company B ( successor of interest) Link to comment
Belle Posted May 15, 2013 Report Share Posted May 15, 2013 The issue that may arise in bankruptcy is the ability to pay on the original I-140. But the ability to pay needs to be established at the time LC was filed. Your I-140 will need to be amended for B as successor in interest OR B needs to file a new I-140 for you. The second is preferable given potential issues with your old I-140. As far as H1 is concerned, you should not need anything to transfer the existing time on your approved H1. Link to comment
Attorney_25 Posted May 15, 2013 Report Share Posted May 15, 2013 In general, one may use an approved I-140 to request a 3-year extension with a new employer. If the I-140 is revoked it can no longer be used for extensions. I agree that it might be best to have the new employer go through the PERM process again and file a new I-140, hopefully retaining the priority date of the prior I-140 if it is not revoked for cause. Link to comment
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