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I-485 AOS Pending, Employer's Bankruptcy

15 years ago By Chief Editor
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.

From AOS to pending to green card

10 years ago By Chief Editor
Question details

If the employee was already working for the employer using AC21 (using EAD) and was already on payroll Then what steps employer has to do to actually get the employee on the GC job other than changing I-9 details. And what document proof employee need to have that may be helpful when one apply for citizenship ? to prove that employee indeed gave employee the GC job ?

Other than updating the I-9, there are no immigration law steps involved in going from AOS to pending to green card. There is no need for any specific documentation. So far, no proof of job has ever been required. Your W-2/Paystubs should suffice, if the issue ever arises. If you are unsure, just get a new offer letter confirming the job.
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