Truly asking for a friend who is in the middle of getting a green card. What happens if the sponsoring company gets acquired, does the process reset?
I believe he will have to move his h1b and also port his I 140 to the new company , if the old company changes name. If the old company does not undergo any changes other than ownership I don’t think he needs to do any thing. Check with the companies immigration attorney.
For h1b, the i-797 filed by the first company stays valid. No refiling is required. They issue a letter explaining the take-over. Not sure about I-140 though.
It can get pretty complicated depending on buyer, seller and what’s being sold exactly. It’s best to consult an immigration attorney. I’ve been through this situation. Fortunately, in my case, buyer sponsored H1B transfer. Old H1B stamp is still valid through its expiry date, but you need to carry an approved I-797 each time you enter the US. For GC, if you have approved I-140, new employer has to restart process; however, you keep the original priority date. I’m not sure about other cases.
I was working for company X and company Y acquired it, when my extension was filed, they sent an RFE asking for documents for acquisition, company provided it, extension was approved. Also until I797 with new company name was available, we were gi given a document explaining the acquisition just in cbp asks for it while entering the US.
The new parent company also inherits the responsibility, for H-1B. No action needed, except you may have to send documents about the acquisition when you apply for a renewal/extension. Not sure about I-140 for a green card.
Thanks everyone and yes the applicant is non-Indian. Am I to assume Indians get H1B approval faster?
H1B approval/rejection time is pretty much the same irrespective of nationality. Premium processing (which is currently suspended for most cases barring a few) takes ~2 weeks and normal processing currently takes somewhere between ~120 to ~250 days depending which processing center it goes to. GC is a whole different story though!!
Previous reply is correct and to expand on that, Green Card are subject to a country cap, based on place of birth. This cap is not proportional to population or applicants, so Indians have to wait years, of not decades, longer.
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Not everyone getting a GC is an Indian.