Consequences on I140 in "Asset aquisition" type merger...

I 140 while company merger

My company has signed definitive agreement to merge with another comapny.
Rest everything remains the same and the Job is secured.
In the mean time I got my LC got cleared and preparing to file for I-140.
At this point how to go about this.
Should I file for it immediately as it will take couple of months to compltete the deal.
I need to file for my 7th year extension in two months.
Any suggestions are welcome.
 
OK, I got the 3 years H1B approved w/ the new company as the sponsor :)
.

My next question is how do I go about using the old PD from the old-company to get a new I-140 approved w/ the new company ? Any suggestion would be helpfull. Many thanks

-Ravi
 
There are two options available to you.
1. Apply for new labor and subsequently get I 140. During 485 use the old prioirty date.
2. Apply for new labor and subsequently get I 140 with old priority date
First option depends on if 140 is not revoked. This is contentious issue. Some say once I-140 is approved you carry the PD.
Do you have any feedback on I 140 while company merger
Thanks.
 
InfoGuy said:
There are two options available to you.
1. Apply for new labor and subsequently get I 140. During 485 use the old prioirty date.
2. Apply for new labor and subsequently get I 140 with old priority date
First option depends on if 140 is not revoked. This is contentious issue. Some say once I-140 is approved you carry the PD.
Do you have any feedback on I 140 while company merger
Thanks.
Click to expand...
Thanks InfoGuy, not sure what you mean by feedback on I-140. The old company was merged with the new company. However, it was only an asset transfer I think. The three years H1 extension I got was because of the valid I-140.

Yes, my problem is as you say that "once I-140 is approved you carry the PD". How can option 1 work if this is the case ? Same goes for option 2, how can it be done ? Thanks

-Ravi
 
Ravi,
Option 2 you can substitue your PD quickly say 2-3 months. But in Option 1 you need to wait for PD to become current to take advantage and you dont know the status of your old I-140. All depends on your previous employer.
I had posted question I 140 while company merger in the same thread. Could you give me some thought on this.
Thanks.
 
Gurus Please advice

I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated
 
EB2 labor approved - I-140 and I-485 not yet filed - Company merged ... !!! HELPPPPP

I have got exactly the same situation as InfoGuy.

I got my EB-2 Labor Certification approved recently (took 3 months)
Ready to file I-140 and I-485
Company in VA got merged with a compnay in CA, but the office remains the same in VA, job duties are same, just the top management has changed and of course the company's name will be changed to new company's name.

My 6 years limit of H1 is expiring in April 25, 2007 (means approx 2 months left)

What do I do?

1. How can I work with new company and get their paycheck? Should I get new H1B visa?
2. Since I got an approved Labor, can I work without H1 visa?
3. It will take three months for complete merger, should I apply for I-140 and 485 with the old company's name?

Somebody please, advise and help.



InfoGuy said:
My company has signed definitive agreement to merge with another comapny.
Rest everything remains the same and the Job is secured.
In the mean time I got my LC got cleared and preparing to file for I-140.
At this point how to go about this.
Should I file for it immediately as it will take couple of months to compltete the deal.
I need to file for my 7th year extension in two months.
Any suggestions are welcome.
Click to expand...
 
suggestions please

Almost same situation like Ranajee . The only change is my I140 has been filed
around feb 2007 and I am also on 6th year extension and my PD is retrogressed(So, cannot apply for I 1485). Meanwhile it looks like my company is going to get merged with other company. The job location and nature of job everything is going to be same.

My questions are:

1. What will happen to my I 140.

2. how will i get a 7 th year extension.

Guys, please suggest how to get out from this mess ???

Also thanks to manwithnoname for sending me a link to read this thread
 
Last edited by a moderator:
EB3 current

Ok so based on my status as listed in this thread, i just noticed that my old company A approved EB3 labor + I-140 is current...so can i apply for i-485 with the supporting documentations of company name change ? OR DO I HAVE TO START FROM SCRATCH :(
 
Successor-in-interest sample letter

Hi,

The division of my company, which I am a part of, is being sold to another company in September. The acquiring company has agreed to assume all immigration liabilities. Can someone here provide me with a sample letter if you have been through this kind of situation already. Thanks.

I recently received my Labor certification and am getting ready to file my I-140.
 
Successor in Interest

swmichigan said:
Hi,

The division of my company, which I am a part of, is being sold to another company in September. The acquiring company has agreed to assume all immigration liabilities. Can someone here provide me with a sample letter if you have been through this kind of situation already. Thanks.

I recently received my Labor certification and am getting ready to file my I-140.
Click to expand...

Were you able to prove successor in interest. If so, please share your experience.

Thanks
 
swmichigan please advise

Hello -

I have a similar situation. Please advise how you proceeded.

Basically my labor got approved through Company A and I 140 and I 485 (due to current priority date of my wifes country of birth) is concurrently filed through Company A. Part of Company A (to which I belong) is now sold to Company B.

What needs to be done in this case?

Anyone please provide some guidance.

Thanks.
 
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