How potential M&A would impact green card process?

[eric.wjtoh]

I am new to this forum and I was hoping to get more opinion regarding my situation.

Given that I have no luck with H-1B lottery, I have discussed with my employer regarding green card application. I am working in a company where merger and acquisition happens frequently. I am a little worried this might complicate the application.

Hypothetically, if my company get acquired by company XYZ, how things might impact my application in different stages of green card? I haven't start the process and my employer was concern about the term "offer a future position" - as in they know they might not be able to offer the position in future if the company was acquired by other. My employer is unsure whether its legal to sponsor me at this stage which is the major reason forbid them from sponsoring me green card.

I am currently working under STEM OPT with only 1 year remaining period.

I guess my question is if its okay for the company to sponsor the green card given that they might not be able to offer me the position should the company was acquired by other. Thank you!

[sasvi]

I am new to this forum and I was hoping to get more opinion regarding my situation.

Given that I have no luck with H-1B lottery, I have discussed with my employer regarding green card application. I am working in a company where merger and acquisition happens frequently. I am a little worried this might complicate the application.

Hypothetically, if my company get acquired by company XYZ, how things might impact my application in different stages of green card? I haven't start the process and my employer was concern about the term "offer a future position" - as in they know they might not be able to offer the position in future if the company was acquired by other. My employer is unsure whether its legal to sponsor me at this stage which is the major reason forbid them from sponsoring me green card.

I am currently working under STEM OPT with only 1 year remaining period.

I guess my question is if its okay for the company to sponsor the green card given that they might not be able to offer me the position should the company was acquired by other. Thank you!

I can only give an opinion here...there is NO way a company can be 100% sure they are not subject to M&A in the near future. So, the question is if your company is aware that right now they are OK..in case they know they will be operating as is for a while, I see no problem for them to sponsor you. If they do it TODAY and tomorrow they receive an offer with 75% additional per share, I am sure stakeholders will divest the company pretty soon but this is something not a single person has control...so, when they sponsored you they had a job and a future offer that can shift quickly enough but that they cannot avoid.

Unless there is currently a merging in place...this is a little different but still, some mergers will never affect employees while others will reduce the taskforce by half. That is why, usually, internally there is a process coordinated by your line Mgr, your Mgrs Mgr and an HR person. If the 3 of them believes you will be still working in the future, it is OK to sponsor. If all fail, for sure it was an unpredictable event.

[eric.wjtoh]

I can only give an opinion here...there is NO way a company can be 100% sure they are not subject to M&A in the near future. So, the question is if your company is aware that right now they are OK..in case they know they will be operating as is for a while, I see no problem for them to sponsor you. If they do it TODAY and tomorrow they receive an offer with 75% additional per share, I am sure stakeholders will divest the company pretty soon but this is something not a single person has control...so, when they sponsored you they had a job and a future offer that can shift quickly enough but that they cannot avoid.

Unless there is currently a merging in place...this is a little different but still, some mergers will never affect employees while others will reduce the taskforce by half. That is why, usually, internally there is a process coordinated by your line Mgr, your Mgrs Mgr and an HR person. If the 3 of them believes you will be still working in the future, it is OK to sponsor. If all fail, for sure it was an unpredictable event.

Thanks for the opinion, this is great! What if there's no merging or acquired happens now yet but the company is currently actively looking for a buyer and plan to sell the company within next two years? Is your statement still hold? Is it safe to assume it would be ok as long as the company sponsor me before any buy or sell happens?