Question details
My company (an LLC) is filing Chapter 11 Bankruptcy to restructure debt. They are planning to emerge out of Bankruptcy filing as a "C corp" company. We were told that there wont be any interruption to the day-to-day business.
1. How does it effect my H1B visa and GC application (filed I-485 - pending)?
2. Do I need to re-apply (transfer) H1 B to the new company or can I send an amendment?
3. Do I need to file AC 21 portability or send an amendment to pending I-485 application?
1. If your job remains the same and regular salary continues to be paid I see no issue for H-1 or green card.
2. An amendment should be filed, though it is debatable if it is required.
3. In my view, AC21 port is easier.
I sincerely thank Rajiv Khanna and his team of professionals for their work on my PERM (Labor) stage of my Green card process. I would extend my heartiest thanks especially to Subha, Roopa and Pramita who were actively involved in my case. I got my approval in 2 weeks. I would like to mention that I work for a medium sized company and this is the first time my employer was filing for permanent residency. We were patiently educated and guided through the entire process. Mr. Khanna’s team did all paperwork professionally. I am very happy with the services of The Law Offices of Rajiv Khanna and would definitely recommend them for any immigration case.