AC21? 140 not approved yet / less then 180 days Need Info

G

gcForV

Registered Users (C)
Hi,
My 485 ND is SEP 15 2005 and my 140 hasntbeen approved yet. A division of my company where I work is sold for another huge company and as of March 1st I will be employee of the new company.
I think(hope) I can talk to HR and join new company from March 15th, which will complete 180 days.
As my 140 hasnt been approved yet, will it be a problem for AC21 portability. I am hoping that I can join March 15th, if itsnt possible what will be the consequences.
Please help/provide info.
Thnx
 
You shouldn't even need AC-21. In a company buy-out the new company takes a successor-in-kind role (provided they offer you the same job and maintain the same geographic job location) by acquiring assets (that includes people being sponsored for GC).

gcForV said:
Hi,
My 485 ND is SEP 15 2005 and my 140 hasntbeen approved yet. A division of my company where I work is sold for another huge company and as of March 1st I will be employee of the new company.
I think(hope) I can talk to HR and join new company from March 15th, which will complete 180 days.
As my 140 hasnt been approved yet, will it be a problem for AC21 portability. I am hoping that I can join March 15th, if itsnt possible what will be the consequences.
Please help/provide info.
Thnx
Click to expand...
 
gc_2006 said:
You shouldn't even need AC-21. In a company buy-out the new company takes a successor-in-kind role (provided they offer you the same job and maintain the same geographic job location) by acquiring assets (that includes people being sponsored for GC).
Click to expand...

There are 2 kinds of buy out. Check out immigration-law.com Q&A for more detail. One kind they can resume the GC process, the other can not.
 
It seems its not Succesor-In-Intrest kind of buyout.
can we apply for AC21 withought 140 Approval?
I am hoping 140 approves soon, but I have a deadline of march 1st
 
gcForV said:
It seems its not Succesor-In-Intrest kind of buyout.
can we apply for AC21 withought 140 Approval?
I am hoping 140 approves soon, but I have a deadline of march 1st
Click to expand...

Even if the successor thing doesn't work for you and you need to join the new company, do you have a valid EAD to switch employers. You will not be able to switch employers without an EAD or HIB transfer.

I would recommend applying for an EAD if you haven't yet.

goodluck
 
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