H1B Question

[pn]

I have an H1B Visa and i am nearing my 6 years limit in March of 2004. I am in the process of applying for my H1B visa extension. My Green Card processing is still in the "labor processing" stage. The parent company for which i work (this company has applied for my Green Card), has decided to sell the division for which i actually work. Can anybody tell me, what are the options available to me at this stage?

[pn]

I have an H1B Visa and i am nearing my 6 years limit in March of 2004. I am in the process of applying for my H1B visa extension. My Green Card processing is still in the "labor processing" stage. The parent company for which i work (this company has applied for my Green Card), has decided to sell the division for which i actually work. Can anybody tell me, what are the options available to me at this stage?

[NYCImmParalegal]

Definitely consult with an attorney who specializes in business immigration (i.e., immigration related to employees of corporations), since only s/he is knowledgeable about changes in corporate relationships and what they can mean for alien employees.

[lawgal]

First, NCYImmParalegal is exactly correct that you need to consult an attorney who is familiar with this area of immigration practice. Your specific situation, and the options open to you is directly tied to what actions your current employer and the acquiring company choose to take. But, here are a couple of things you should know, which may help you in deciding what options you have:

Generally, if the company that acquires your division is the legal successor to your current employer, they can take over the pending labor certification; however, the new company may choose not to take on any pending labor certs filed by the original employer. (They might decline to take on a case that had a high wage, or was in a job location that they do not do business, or that includes requirements they do not agree with.)

The good news is that even if the new company chooses not to take the labor cert filed on your behalf by your current employer, you may be able to use the pending labor certification as justification of a seventh year H-1B extension. If you can show that you were the beneficiary of a labor certification filed before you started your sixth year of H-1B status, you should be able to get additional H-1B time, even if you don't use that labor cert to get a green card.