AC21 and "takeover/mergers" -- any guidelines ???

dadas said:
In my situation, my division was spun-off from the original company 8 months after I filed I485. My lawyers simply filed AC21 documents to CSC. I think I140 ammendment is not necessary as AC21 covers this situation. You can also take a look at the links below. Just search "merger" in the page.

http://www.murthy.com/chatlogs/chat0211.html
http://www.murthy.com/chatlogs/chat0714.html
http://www.murthy.com/chatlogs/chat0716.html
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Dadas,
Thanks for the URL. Is your case approved already ?

From the third URL, it is clear that murthy's interpretation of the situation is-- if the 485 has been pending more than six months, AC21 can be used and amended I-140 is not required.

Snip "


Chat User : I got Fingerprint done on March 6th, RFE in April, They have put my case on hold because of company merger. How long should I wait to get my GC?

Attorney Murthy : As long as the I-485 was filed 180 days earlier, then mergers or other corporate restructurings or even getting a new job should not affect getting the GC under AC21 since all that is needed is that the new job be in the same or similar job classification. If it is pending less than 180 days, the INS can request proof of the same job with the same employer or a new amended I-140 needs to be filed under pre AC21 law.

Snip Ends
 
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Myxa said:
Just something tells me that when officer picks-up the case he is been thinking: "Hmmm…., changed job three times. Let me pickup and approve easier case. I will go back to this case later (when time permits)". :confused: Tried senator. So far no help.
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It is possible that what you say is true. But for a 02-066 case to not get approved is sheer INEFFICIENCY and BLOODY stupid of the INS.

Here are the steps I would take if I were in your shoes:
1. Fax level II on a weekly basis till LUD changes or you get a letter from INS. (I can tell you from personal experience that regardless of how out of date your JIT is they still look at your case, and in your case JIT has passed you by like a spinster at the age of 70).
2. Send a letter to your Congressman/woman, they are more responsive than Senators. Follow it up with a personal phone call and a face to face meeting with the case officer assigned to you. Explain your situation clearly and succintly.
3. Call up the help desk and ask them to instanciate an inquiry on your case.

Do level 1 & 3 on a weekly/bi-weekly cycle, till you hear something back from INS. It is ridiculous that 066 hasn't been approved.
 
Got the RFE. It turned out to be "resubmit 693 supplements" and the birth certificates fro me and spouse. So the issue turned out to be non-issue for me. But anyway, it was a worh a discussion. Also I did talk to my lawyer as well about this, his opinion was "nothing needed to be done literally". If the RFE about EVL would come, he hoped to respons it with the EVL from the new company and the merger documents in the public forum.

-CoolRaj
 
CoolRaj_03,

It's interesting that I am in a very similar situation. I recently got RFE's for 693 supplemental and birth certificates for me and my spouse. But in my case, my company changed its name (7 months ago) and nothing else. My company is consulting outside immig. lawyers and so far is told that we should at least inform the name change or even amend I-140. My I-140 was EB1-OR, did not require labor process. While I think about just sending the required docs and nothing else, the company probably insists on informing the name change. I am still waiting for their decision.
Does your lawyer really tell you not to send anything other than requested?
 
socal & Mango pickle,

My lawyer asked to submit just, what is asked for. He does not even want me to do the 693 again. Just the 693 supplement is fine with him.

Went to the INS doctor that I saw earlier, showed him the copy that he had handed me with the checked out "Applicant is current for recommended age-specific immunization. " Based on that, he handed me a 693 supplement with all the vaccines checked out with the vacination date and "had a disease for the varicella" [chicken pox] so no vaccination required.

I hope that is all that takes me to approval.

-CoolRaj
 
CoolRaj_03 said:
If the RFE about EVL would come, he hoped to respons it with the EVL from the new company and the merger documents in the public forum.-CoolRaj
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Pretty similar to my advise. :) Glad to have it validated.

Glad to hear that the issue turned out to be a non-issue. Hope you get your approval soon.
 
Merger of company before Labour clearance

I have my labour pending with Sesa MD for the last 3 years. My company is merging with another company in next couple of months. My labour might go to Philidelphia pffoce but won't be through by the time company gets merged.

The new company is ready to take all responsibilities. What should be next step? Will labor needs to be filled again or existing labour application will be sufficient. How does it affect my status?

Also my 6 years for H1 are also coming to an end soon in another 6 months. How will it affect that? Will I be able to get extension for 7th year for new company or not?

Any comments will help.
 
My company (employer) has been sold!!!

Hi friends,
My company (employer) has been sold!!!

12 yrs old, $15M turn over (it used to be), Located CA, has branches in NJ and IL (sleeping branch), typical desi Body shopping company, around 100 employees. So many successful GC processing, etc.

I don't know the details of the buyer. My GC is in Labor (CA, Transferred to DOL on Aug 2003). I cannot switch my employer since I’m in my 6th year. Do I have to worry about this transition? Will it affect my GC processing?

Thanks in advance.

H
 
hdotcom said:
Hi friends,
My company (employer) has been sold!!!

12 yrs old, $15M turn over (it used to be), Located CA, has branches in NJ and IL (sleeping branch), typical desi Body shopping company, around 100 employees. So many successful GC processing, etc.

I don't know the details of the buyer. My GC is in Labor (CA, Transferred to DOL on Aug 2003). I cannot switch my employer since I’m in my 6th year. Do I have to worry about this transition? Will it affect my GC processing?

Thanks in advance.

H
Click to expand...


I think they should be able to use the LC filed with the previous employer, provide your job responsiblites remains same and the new employer agreees to take you GC petition further.
 
Relocation -- I140/I485 Pending

Hi Friends,

My company got acquired by a big company in June. Before this acquisition my previous company filed my I140/I485 in April 2004 from LA using substitute labor. I got my EAD/AP in June. FP is also done. The new company filed the amendment for I140 in September 2004. Now my new company wants me to relocate to San Francisco.

Please let me know what should I do? Will this relocation cause any problem in GC processing.

Thanks

NK
 
Company Merger (I140+I485 Filed Concurrently in August 2004 and Pending)

Hello Everyone ,

My company got merged with another company as of today.


My attorney is recommending to do one of the following
1. Refile for I140 with the proper merger documents and requesting CIS
- To pull out the previously filed I140 application
- Attaching the newly filed I140 application with the date of previously
filed I140 application

2. File for Amended I140 with the proper merger documents and requesting CIS to attach the newly filed Amended I140 application with the previously
filed I140 application

3. Don't take any action - There is risk that my application gets denied and I need to refile for I140 once it is denied. This way I can loose 12 months or so.

As per my attorney, the safest option is Option 1. I need your help to help me understand which option will be better for me. I look forward to your valuable suggestions. Is it also possible for you guys to point me any official documentation in this regard.

I140, I485, I131, I765 RD is August 2004
FP Done September 2004
I131, I765 approved September 2004
NO UPDATES on I140 and I485


Thanks for your help
 
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