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Change of employer from Parent to subsidiary during green card process

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  • Change of employer from Parent to subsidiary during green card process

    My green card is under progress with approved PERM labour under EB-3. I -140 is pending approval. Currently i work for the parent company in the Finance field. Is it allowed to move to a subisidary company from the parent company as normal career progression without affecting the GC process as this entails change of employer ie H1 will need to be transferred (as parent and subsidary are separate legal entities). I will have broadly similar job responsibilites within finance as earlier and will be at the same physical location
    Last edited by ash_raj; 01-20-2009, 07:51 PM.

  • #2
    Not allowed. You have to restart the whole process with the new employer or if the parent company wishes to employ you on a permanent basis after the GC gets through, they can continue with the GC process.

    It is more of a HR thing than immigration in your case.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Senior member,

      Thanks for reply. What do you exactly mean by its an HR issue. Should i not be transferring my H1B to subsidiary then?? Can the green card process be continued in case H1B is not transferred. Are there any alternatives available ?? Appreciate your response

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      • #4
        Green card is for future employment. You can have your GC processed by the company that you are not even employed with. That is why I said it is a HR issue. You need to talk to your HR.

        Possible - If the parent company still wants to hire you and would continue to process the GC.
        Not possible - If parent company is done with you after you leave the company or if your position/role/responsibilities change.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Subsidary company

          Q:My green card is under progress with approved PERM labour under EB-3. I -140 is pending approval. Currently i work for the parent company in the Finance field. Is it allowed to move to a subisidary company from the parent company as normal career progression without affecting the GC process as this entails change of employer ie H1 will need to be transferred (as parent and subsidary are separate legal entities). I will have broadly similar job responsibilites within finance as earlier and will be at the same physical location.

          As per my understanding if your parent and subsidary company has the same the Employer FED ID number plus the companies should be in the same area with in few miles away. Then you need not to worry else I think you have to file for the amendment for the change in location and get the new LCA for the location. Better check with the experience immigration attorney.

          Good luck....

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