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Immigration Issues/Company Acquisition after I-485 filing

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Question
Hi

I am on H1B  with 485 pending  since 3 months.  My employer is being acquired and the office will move to a new location (same MSA just around 10 miles commute) .

Does my H1 remain valid or do I need to start working on EAD ?
Assuming H1 is valid,  do I need additional documentation for stamping (I am going for stamping in June).

Does this acquisitoin have any impact on my GC process  ?

Considering that the acquisition will be completed in about  another month or so ,  I will be completing over 4 months in Pending 485 status .  I know that AC21 requires a 180 days wait  but is it strict ?  I mean,  if I need to use EAD and AC21 working for the new Employer,  what are the potential problems (and how likely) ?

Answer
Hi,

As the location is within the same metropolitan area, you will continue to maintain H1B status. I do recommend that your company prepare a new Labor Condition Application, have it certified by the Department of Labor, and keep it in your personnel file.

There should be no problem with visa stamping. You can take evidence that your job is otherwise the same except for location a short distance away, and be ready to show the new certified LCA if requested to do so at the consular interview.

Re. I-485, I do not recommend notifying the USCIS in this instance, esp. as you do not need AC21. The recruitment for U.S. workers was conducted in the same MSA (metropolitan statistical area).

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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