140 approved, Company acquired, AC21

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.
 
Answers below:
1. You are eligible to invoke AC21 id I-485 is pending for more than 180 days.
2. Don't know.
3. Company A can revoke the I-140 anytime but it would have no effect on your GC processing if the I-485 was already pending for 180 days (or more).

Please read the AC21 details here.
 
nj_skm

What i meant was with question 2 is do i need send any additional paperwork to USCIS related to the company acquzition
 
No, you don't. Just about the job change. Even a title change and/or promotion would mean a change, from the USCIS perspective.
 
can I use AC21 (EAD) to work for the new company who acquired my current company? OR do I need to amend the approved I-140??
 
can I use AC21 (EAD) to work for the new company who acquired my current company? OR do I need to amend the approved I-140??

Either you can do a H1 or use the EAD. Both can be AC21. You can use the AC-21 without going for I140 amendment. I140 amendment is almost like new I-140.
Remenber H1 and green card are seperate issues Even if you do successor in interest for H1 that need to affect the pending I485.
 
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