Employer acquired; application status

[Reader]

Can some one please answer this scenario? If my company merges with another company after 180 days of filing my 485, can I continue to work for the same employer in the same role using AC21 provision, without having to do 140 successor-in-interest?

[TeddyKoochu]

Can some one please answer this scenario? If my company merges with another company after 180 days of filing my 485, can I continue to work for the same employer in the same role using AC21 provision, without having to do 140 successor-in-interest?

One of my ex colleague had this situation he was on H1 and had his 485 filed in Jul 2007. For him the new company filed the I140 again, however for employment purposes he was still using h1 so that case may not be truely applicable to your situation.

[Reader]

One of my ex colleague had this situation he was on H1 and had his 485 filed in Jul 2007. For him the new company filed the I140 again, however for employment purposes he was still using h1 so that case may not be truely applicable to your situation.

Teddy, Thanks for your response. To clarify, I will continue to have my H1, so my question is whether I would need to go through the pain of amending the 140 to get the 485 approved.

[mrhyderabad]

qBlogfan - our wishes are with you and I was about to reply back that in case the Client takes over your existing compnay... the successor-in-interest may apply for you.

Also for Reader's response the specifics are better answered by a Lawyer unless someone had a similar situation and share it I guess.

I was in the similar situation and the company that acquired my company filed I-140 as successor in interest and now waiting for my PD March 6th 2009 to be current.

[leo07]

This happened twice to me and not once:) so, I can probably answer both sides of the coin.
a. If the company that is acquiring your company( the one which filed your I-140) is a total acquisition of your company, with a 'successor-of-interest' clause in the acquisition material and YOUR JOb duties+role+location remains same: You don't have to file for amendment. Your existing 140 is good enough

b. If the company that is acquiring yours is only acquiring a portion of your company, like only your particular Business Unit/group, then you'll have to file for I-140 amendment with successor of interest.

again, for any amendment, your job location+position should not change from your Labor cert. more over, Amendments are not eligible for Premium Processing.

Can some one please answer this scenario? If my company merges with another company after 180 days of filing my 485, can I continue to work for the same employer in the same role using AC21 provision, without having to do 140 successor-in-interest?

[Reader]

Leo, Thanks. Do I have to go through that even if 180 days have passed since the filing of 485 and continue the employment with the merged company? I don't have to do that if I change employer and work for a different company. In that case, isn't better to change the job and invoke AC21 rather than continuing in the same job and go through 140 amendment?


This happened twice to me and not once:) so, I can probably answer both sides of the coin.
a. If the company that is acquiring your company( the one which filed your I-140) is a total acquisition of your company, with a 'successor-of-interest' clause in the acquisition material and YOUR JOb duties+role+location remains same: You don't have to file for amendment. Your existing 140 is good enough

b. If the company that is acquiring yours is only acquiring a portion of your company, like only your particular Business Unit/group, then you'll have to file for I-140 amendment with successor of interest.

again, for any amendment, your job location+position should not change from your Labor cert. more over, Amendments are not eligible for Premium Processing.

[MeraNoAayega]

Can some one please answer this scenario? If my company merges with another company after 180 days of filing my 485, can I continue to work for the same employer in the same role using AC21 provision, without having to do 140 successor-in-interest?

AC21 will cover your... since 180 days have passed since you filed I-485, you don't need to do a new I140 with successor-in-interest.

[leo07]

Actually, I apologize. I missed the part that you applied for 485 and it's past 180 days. In that case, the petition is YOURS. You are safe. you don't need to apply for I-140 amendment.

Leo, Thanks. Do I have to go through that even if 180 days have passed since the filing of 485 and continue the employment with the merged company? I don't have to do that if I change employer and work for a different company. In that case, isn't better to change the job and invoke AC21 rather than continuing in the same job and go through 140 amendment?

[Nishant_imt]

People,

I know everyone is looking for VB and this is not the right forum to discuss personal immigration issues, but nobody goes to the other thread and hence i have to post my question here.

My greencard was filed in Richmond VA by my consulting firm. At that time, they had a branch office from which they filed the greencard. 2 years later, i moved to another state on a different project. My company lost its primary vendorship in Richmond and hence shut down its Branch office there. I talked with Lawyer today and she confirmed that the greencard processing has to be filed again. So here are my questions:

1) Can I recapture my PD? how long do i have, to recapture my PD if the processing starts again.
2) Do I need to be in Richmond again to capture my PD? I mean the job again has to be in Richmond whether or not with the same consulting firm?
3) If I change job and go to any other state, can i still capture my PD?
4) If the new organization i join, files my greencard only after a year (which most of the organizations do) would i still be able to recapture my PD?
5) i am already in my 7th year of H1B, the last time i got an extension of 1 year based on my labor (I-140 came 2 days after filing H1B), so now if i change companies, would they be able to get 3 years extension for my H1B based on I-140 that was for Richmond Job?

Thanks in advance for any of your replies. I am really in a depressed state at this time. I would appreciate any word of consolation.