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I140 Approved and company acquire/split- help asap
I have situation here.
A-Parent Company
B-Child Company of A (former department of A)
X-Company that acquiring company A
1)I am in company A as full time employee
2)During recession time, I moved to its staffing/consulting department of Company A as I found project based on my effort.
3)So I became hourly/contract based employee in same company
4)Eventually this department becomes Company B as Child Company of Company A
5)My visa and payroll is continued under Company A
6)Now Company A is going to be taken by Company X
7)So my h1b transferring to Company B from A
8)Now my GC is filed under company A with EB2 category and i-140 is approved on sep-2011 (Nebraska service center). Priory date is Feb-2011
Now Company B is saying that there will be no change in GC process as they are making sure during deal with company X
I am worried on my GC part. I am not sure about further process in GC and at which point/phase employer part is important and during the GC process or on arrival of GC, what should be employee status. (Employee should be under payroll of company or not)
I am not sure trying to find new employer and restart GC process with uncertainty (i.e. file labor and i-140 to pass) & wait for I140 is adding more complexion here instead of trying to find solution in current flow
I am also not sure what are the rules to maintain priority date when refiling GC with new company (i.e. matching the job profile etc.)
If I go with new employer, but by the time they file I-140, my date become current - what will be the option?
So in all what are my best options here to make sure that GC process will not have any -ve effect?
What are the points I should clear with Company B that my GC process remain as it is so next phase i485 and other phase will be done smoothly. ). Technically I will be employee of B and Company X will be different
A-Parent Company
B-Child Company of A (former department of A)
X-Company that acquiring company A
1)I am in company A as full time employee
2)During recession time, I moved to its staffing/consulting department of Company A as I found project based on my effort.
3)So I became hourly/contract based employee in same company
4)Eventually this department becomes Company B as Child Company of Company A
5)My visa and payroll is continued under Company A
6)Now Company A is going to be taken by Company X
7)So my h1b transferring to Company B from A
8)Now my GC is filed under company A with EB2 category and i-140 is approved on sep-2011 (Nebraska service center). Priory date is Feb-2011
Now Company B is saying that there will be no change in GC process as they are making sure during deal with company X
I am worried on my GC part. I am not sure about further process in GC and at which point/phase employer part is important and during the GC process or on arrival of GC, what should be employee status. (Employee should be under payroll of company or not)
I am not sure trying to find new employer and restart GC process with uncertainty (i.e. file labor and i-140 to pass) & wait for I140 is adding more complexion here instead of trying to find solution in current flow
I am also not sure what are the rules to maintain priority date when refiling GC with new company (i.e. matching the job profile etc.)
If I go with new employer, but by the time they file I-140, my date become current - what will be the option?
So in all what are my best options here to make sure that GC process will not have any -ve effect?
What are the points I should clear with Company B that my GC process remain as it is so next phase i485 and other phase will be done smoothly. ). Technically I will be employee of B and Company X will be different
