Tweet
Folks since not many people volunteered much
information on this topic to my previous posts so I have done some extensive research on the issue on the web and here are my conclusions with some references:
The whole key seems to be how the deal will be structured. Will the new company assume the liabilities of the old company along with the assets is the recurring theme. This is a very vague statement(and in my opinion totally anal ) that defines successor of interest.
Why the hell would someone spin-off a company and sadlle it with all the liabilities of the old company !!! Also what is meant by Liabilities? Is it outstanding debt (if so to whom, what if the new company wont' even deal with the same organizations as the old company why should it assume the debt? Is it liabilities as far as paying the employees leases etc. is concerned?
Also to be on the safe side (especially for CP) some lawyers advise filing an amended I140 from the new company (now this raises other questions like:
a) should the new I140 indicate CP or AOS
b) should you even wait for the new I140 approval before going to the interview?
All in all this issue seems very open-ended and extremely vague and you will finally get umpteen legal opinions and it definetely seems that it finally becomes ones' personal choice whether to err on the side of being extremely conservative (how conservative, new LC, new I140, new 485 you be the judge again !!, or to err on the side of being reasonably logical and not file anything new : which is what I am currently leaning towards!)
Please provide your input.
information on this topic to my previous posts so I have done some extensive research on the issue on the web and here are my conclusions with some references:
The whole key seems to be how the deal will be structured. Will the new company assume the liabilities of the old company along with the assets is the recurring theme. This is a very vague statement(and in my opinion totally anal ) that defines successor of interest.
Why the hell would someone spin-off a company and sadlle it with all the liabilities of the old company !!! Also what is meant by Liabilities? Is it outstanding debt (if so to whom, what if the new company wont' even deal with the same organizations as the old company why should it assume the debt? Is it liabilities as far as paying the employees leases etc. is concerned?
Also to be on the safe side (especially for CP) some lawyers advise filing an amended I140 from the new company (now this raises other questions like:
a) should the new I140 indicate CP or AOS
b) should you even wait for the new I140 approval before going to the interview?
All in all this issue seems very open-ended and extremely vague and you will finally get umpteen legal opinions and it definetely seems that it finally becomes ones' personal choice whether to err on the side of being extremely conservative (how conservative, new LC, new I140, new 485 you be the judge again !!, or to err on the side of being reasonably logical and not file anything new : which is what I am currently leaning towards!)
Please provide your input.
Comment