140 approved and company acquired?

P

paradkaram

Registered Users (C)
Gurus

I needed some advice.

Company A filed my Labor / 140 / 485, but after my 140 was approved company A was acquired by company B. I have a few questions?

1. Can I use AC 21 to change jobs by using my EAD?
2. Do I need to file any paper work for my approved 140 since company A has now been bought by company B?
3. If I moved to a different company using my EAD can company A revoke my 140 and will it have any effect on my 485.

The dates are as follows

PD: Aug 2005, EB2, India
Labor approved: Sept 2005
140 & 485 filed: 30 Sept 2005
140 approved: Jan 2006
Company A acquired by Company B: Mar / Apr 2006.

Thank you for your answers.
 
My Guess only: I don't think AC21 is applicable here because the company A becomes non-existant after the aquisition.
 
1. You can use AC21 regardless of you working on EAD or H1B.
2. Since you had already passed the 180 days of filing your 485 and your 140 is already approved prior to company A being bought by company B, I beleive you are covered by AC21 law.
3. Company B can anytime notify USCIS that they no longer intend to employ you. This is enough for USCIS to issue a NOID on your I485.
 
You are covered by something called "successor-in-interest". There is a artilcle on Murth website about it:
http://www.murthy.com/news/UDmaepis.html

IMO, as your 140 is already approved and 485 filed > 180 days, you do not even need to submit anything (or if your new company is not willing to provide you the docmentation). You are as such covered by AC21. It is like you changed the job. If the new company has amended your H1, then you can continue working on H1. If not, then you need to ask them to amend the H1. If USCIS sends you an RFE for EVL, you can show that you are covered by AC21. Check with your lawyer before going this route.
 
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