I'm working in the USA for a Australian company and im running the USA branch of the Australia company on a L1A Visa (Start up office). The company is currently getting sold. The Past director has a high chance of buying it back or a External company will purchase it on January 12th 2015. Once the company is sold do I need to file my petition again ? As I will be in the same role/Job function will not change. what are my options ? My Petition ends August 2015 and needs to be extended from there.
Whether your L-1A will need to be applied for again or not will depend entirely on whether the "successor in interest" entity is purchasing not only the assets, but also the seller's liabilities, which will typically include its immigration obligations. If yes, then no need to file any new or amended petition. Inquire within.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
In order for the L-1A status to survive the acquisition, the domestic entity and the foreign entity must still have the necessary and qualifying nexus. You would need to discuss this issue with the company's immigration attorney.
I agree on the nexus point, just wanted to add that the best approach to a situation like yours and the quest for knowledge, is to schedule a consultation with an experienced immigration lawyer.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline