140 amendment

C

ching132

Registered Users (C)
Hello ciba and other,
  As i left this discussion after csc has given for 140 amendment... i am still waiting for amendment..
i have one question as new law memo is coming.. if its in favour to all of us... is that possible without my 140 amendment i can get 485 approved... according to new law 180 rule if change of employee no need for new 140..
any suggestion
Thanks
ching
 
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Yeh, I hope.

I hope INS will not request the I140 amendment for approving the I485.
It\'s a SUPER HUGE annoying and troublesome hassel that bother all I-485 applicants who are going through the company merger/acquisition/name change.

The 180-day rule, Let\'s pray it will be a big relieve for all I-485
applicants. "No More Long Waiting Amended I-140 RFE."
 
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Hi Carter
Is there something good about in AC21 for those people who had to do amended i-140?
 
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I don\'t see anywhere written in the document that Amended I-140s are not required anymore, only Amended H1B are no longer required ( page 10, B. Public Law 106-396).

Am I missing something, please point me to the line about Amended I-140 in the document.

Thanks
 
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The memo is still not very clearly stated that 180-day rule and amended I140. This is not a INS offical regulation yet. LOT OF grey area about 180-day rule and M&A issues.
I personaly think these issues all need time and real cases to practice and prove. Key problem is whether or not the REAL INS Regulations about AC21 are clearly and detailedly stated about all of these.

Just some personal thoughts......not worth a penny!
 
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Neo & Carter please reply.

The division of my company (A) is going to be acquired by company B. I have filed for 485 a month ago. No RD & ND yet!!! The new company is filing my new H1B.

Now, I have two ways to go...

1. With new company B, file an amended I-140.

2. Do nothing. If only asked (through RFE) then provide them with amended I-140.

It is likely that option 2 can be taken with a chance. Option 1 may mis fire the case casuing delay.

Please let me know the best option.
 
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I would go for option 1 to save some time.
Since your B company is filing new H1B for you and it will be a great chance that INS will find out there was merger happened, so an amended I140 could be issued. Also AC21 regulations are not out yet and it takes much more time for option 2 to be process than option 1, Option 1 is a better choice right now. BUT if there is no new H1B filing, I would suggest your go for option 2. INS probably won\'t find out the acquisiton was happened and no I140 RFE will be issued.

Next month I will have same problem like yours. Seems I can\'t pass 180 days rule, I will go for optoin 2, if I don\'t need a new H1B.
If new H1B is needed, option 1 is a must for me.

One thing I wanna know is I thought "successor in interest" mergers don\'t need to file new H1B. Why your B company files a new H1B for you??? or am I wrong ???
 
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Carter,
To answer you rquestion - here is the status.
Since I do not have EAD, I have to have H1B. So INS will find out about the merger sooner or later. Let us see when.

Here is the confusion, the new company is doing H1B for sure. But it is a NEW H1B or a TRANSFER of H1B that I do not know. Can someone explain to me the difference?
OR
Carter if my company B should not file new H1B for me then what other option that I have which I can ask that company (B) to do?
 
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Look on page 10 Section
B. Public Law 106-396 - Exemption of Certain Employers from Requirement to File Amended Petetions.


This whole section describes when it is not necessary to file the Amended Petetions.

Hope this Helps.

gchope
 
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