Approved 140 and Merger

[aum001]

I work for Company A with 140 approved (EB3) and have H1-B until Feb2015. My Company is merging with Company B and will take 6 months for the merger & consolidation (not sure if the new company name will be A, B or C). I want to be proactive and prepare before it to too late.

 

1. What if the new company name is Company B or Company C (Tax ID changed)? Do I have to file an amendment for 140?

2. What if my location is closed (I travel almost 100% on my job but my GC is tied to a location)? Do I have re-start my GC with new location?

3. I have a very good offer from another company (still EB3). Do you think 20 months is enough for labor and 140 approved through new company?

4. Take risk and move to new company or stay with my current company and go through the merger?

 

Please advice. Thanks and have a wonderful weekend.

 

[aum001]

Can anyone help?

[pontevecchio]

I would seriously ask you to enquire from your HR/Supervisor what is happening and whether the new entity will be an successor in Interest and if so will they keep you? Since we have no clue as to the situation It would be foolhardy to tell you anything specific. Once you talk to the HR have a Lawyer go over the situation. Unless you qualify and will get an EB2 job It may not be worth it unless you have no choice. Based on the APPROVED I-140 YOU CAN GET FUTURE h1 EXTENSIONS and that will give you time for the PERM etc.

[aum001]

Thank you so very much! I checked with the VP of Operations and he said I am safe and that he wants me to stay with company A. Suppose my new company is willing to do EB2...based on my Approved 140 when my new company applies for my H1B transfer..will I get H1-B for 3 more years (till Sep 2016) or till Feb 2015? Again, thank you so much for your time. Have a great week!

[pontevecchio]

Based on an approved I-140 you are eligible for 3 year H1 extensions as long as the I-140 is not revoked. First make sure the job is good for you and that they are serious about filing for a EB2 job which you qualify for. Unless your PD is in the early 2000 period EB2 is the way to go. You cannot wait for decades. You do know Canada, Australia, NZ are looking for good people in case that spikes your interest if the EB2 does not work out.

[aum001]

Thank you so very much. The offer I got is for a Engineering Manager position (my current position is an Engineer)...job responsibilities are the same except that there will be 2 direct reports for the position in the new company..can I still keep my PD and port to EB2 (if the job qualifies)? Appreciate your help.