Group being sold what to do?

puloI

Registered Users (C)
My Unit a subsidiary of fortune 500 is being sold to another company.

AC 21 should appy but I still have two options on when to notify NSC.

Option I
Notify the NSC after the sale. My lawyer told me that NSC will likelly send my case to the local office (Chicago has a backlog of 6-12 monthes). This action could happen anytime after the NSC receives my notification but my lawyer said it can happen sooner than later. Can anyone who used the AC21 tell me what is his or her experience.

Option II
Do not do anything and wait until NSC processes which may happen in a year (RD august 02).
If approved fine
If not I will need then to invoque the AC21. My lawyer told that my case would then be transfered to Chicago Local office. Another year to wait.

I am deducting from my lawyer logic that all AC 21 are transfered to local office which does seems to be true.

Can you please tell what's your experience?
What do you think about the two options?

Thanks
Pulo
 
I was an AC-21 case in detroit, my case wasn't transfered to the local office. As per my lawyer's instructions, i didn't inform the INS about my layoff after 7 mos of filing I-485. Only when i got an employment based rfe, i provided INS with layoff letter and new offer letter (minus paystubs).

I got approved in two mos. so i personally suggest to take the wait and see approach. who knows, you have such a long way to go still that come next year, INS may be quicker and they may send out less rfes. in that situation your case may be adjudicated without any hassles. worst case scenario, you get an rfe and you explain the situation.
 
It's also my opinion.

Thank for sharing your experience deputydawg.


I advocated option II to my lawyer too but he seemed for the option I.

But I think it's simple gread from his part. To notify the NSC he charges my company $800.

He even advise my company to renew my H1-B status 6 months prior to its expiration while he advised the same for my EAD two month ago.

I am sure for each he charges more than $1000.

Can I really trust his opinion when any complication help him.

The conflict of interest is great.

Based on my long experience and with help of this forum can I represent my self after the sale of my company. Thmoney is not the issue.

Have anyone done so at this stage after applying 485 through lawyer.

pulo
 
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i realize the conflict of interest but i think the final say comes from the candidate i.e. you. a reason why he is asking for h1b renewal is like a safety net in case your i-485 gets rejected, which i personally haven't heard or seen happen to anyone i know.

you may opt to get your own lawyer. since everything is done and you're only looking for someone to represent you during your i-485 stage, it shouldn't cost more than $750. this is only my suggestion because i believe notifying INS about any employment related changes at this stage is just guaranteeing an rfe or some sort of file transfer delay.
 
Error in my previous message

Thanks for your help.

I advocated option II. and my lawyer is for option (mistake in previous post)

I don't want to notify NSC and he suggested to do so. I totaly agree with you.

Eventhough my company has paid big bucks for this process he still want to charge for every notification.

I will verify with him if he charges me for change of address or any futur RFE will consider taking another lawyer in Chicago area.
 
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