Q: We are residing in the US on H1-B visa, And company is about to declare bankruptcy.
We’ve been residing in the US for the past 5 years, and now unexpectedly the company, most likely will declare chapter 7 bankruptcy. Can we still file for immigration?
A: A company does not ordinarily file for Chapter 7, but it can. Chapter 11 reorganization is common for large companies. You do not state whether you are losing your job or not, or whether the company is ceasing operations and laying off its employees. You need an immigration lawyer to state whether losing this particular job will place your visa status in jeopardy, or whether you can qualify to stay if you get another job. If you own the company that is going bankrupt, that is a different issue, as not paying substantial debts, and certain kinds of debts (like payroll and withholding taxes) may be a basis for denying a visa, if those obligations are yours either personally or as an owner of the company. Again, only a consultation with an immigration lawyer will give you the answers you need, after detailing all the facts and circumstances of the situation.
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