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I-485 AOS Pending, Employer's Bankruptcy

Submitted by Chief Editor on Sep 4th 2009

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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