priority bankruptcy
what happen to a H1B visa if the company filed for bankruptcy?
I have a co worker who have a H1b visa but the agency who hired her is filling for bankruptcy. she already have an approved I130 with PD may 2006 but did not filed for i485. My question is can she transfer to a new job? and will she be able to carry over her Priority date? she is a health care professional.
u are right , I mean I140. how about if she have not filed for I485 since she said the company lawyer tell her to submit her 485 when her PD is current? will she still be able to change job? can she still use AC21? the hospital she is working now said they are willing to employ her. will she still be able to carry over her PD?
thank you!
u are right , I mean I140. how about if she have not filed for I485 since she said the company lawyer tell her to submit her 485 when her PD is current. will she still be able to change job? can she still use AC21? the hospital she is working now said they are willing to employ her. will she still be able to carry over her PD?
thank you!
AC21 is based on the application of I-485, not through I-140 petition. Therefore, if the I-485 has not been filed, she will not be able to port. In fact, there is no basis for her to port.
The fact that a company is going through bankruptcy does not affect her status as an H-1B. H-1B is based on a person’s job status and only ends if she is fired or laid-off. She may apply for an H-1B with the new company (often referred to as “H-1B transfer”). However, the H-1B is not a transfer, but it is a new application based on her current H-1B Visa. That is, she will not be required to wait until April for a new visa to be available but she can use her current H-1B visa to apply for a new one with a new employer.
Lastly, she should start filing the I-485 with either the current employer as soon as possible. If she doesn’t use it or need it at a later time, that’s fine. But she should get them to file it any way as a safety net.
Steven Pham
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