Legal Question in Immigration Law in California

employer sponsorship for geen card

I hold H1-B visa which was sponsored by the company that leased the hospital where I work(they brought me from Canada and promissed to work on my green card - I have it in writing). Recently they announced divestment of the hospital (and 20 more in Ca)which will take effect July 31, 2004. What is the wise thing to do now? My H1-B expires Jan.2005. Can I work for the eventual successor? And if so, does my visa need adjustment? The hospital filed for Labor Cert. in November 2003.

Thank you.

Duka


Asked on 2/19/04, 7:20 pm

2 Answers from Attorneys
Fariba Faiz Law Offices of Fariba Faiz

Re: employer sponsorship for geen card

If the successor is in fact a successor in interest of the old company, and there are no changes in payroll or otherwise requiring a new LCA, then you should be able to work on your current visa, as long as they reaffirm the obligations of the old employer per the LCA. If there is a change in payroll, tax id., etc., and they are not considered successors in interest, then they need to file an H-1B on your behalf so that you can continue your emplpoyment.

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Answered on 2/19/04, 7:41 pm
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: employer sponsorship for geen card

Depending on the structure of the acquisition you may be required to file for a new H-1B. Labor cert is also employer-specific although it is sometimes possible to maintain the original filing date if employment with the new sponsor will be in the same or very similar occupation.

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Answered on 2/20/04, 9:42 am


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