AC21 eligibility ques

R

roliv

Registered Users (C)
Company A filed for my I-140/485. Before 180 days A got acquired and got closed. I have been working for the successor-in-interest company B. Now, I have got my I-140 approved and 485 has been pending for more than 180 days.

Am I eligible to use AC21? Lawyer of company B claims that I am not entitled for AC21 because the original petitioner company A no longer exists. He wants to file a 140 amendment.

I do not want to continue with B. I want to use AC21 to move to a different company.

Please advice.
 
Suggestion

you may amend 140 in new employers name(this is safe for you as well).
Amendment will not take longer, I guess ur Attorney has to stamp expedite in the envelop.

Once you get your 140 amended, you are free bird , since 485 is > 180 days.

Just my suggestions, consult with your lawyer.
 
roliv said:
Company A filed for my I-140/485. Before 180 days A got acquired and got closed. I have been working for the successor-in-interest company B. Now, I have got my I-140 approved and 485 has been pending for more than 180 days.

Am I eligible to use AC21? Lawyer of company B claims that I am not entitled for AC21 because the original petitioner company A no longer exists. He wants to file a 140 amendment.

I do not want to continue with B. I want to use AC21 to move to a different company.

Please advice.
Click to expand...
Whether you stay with Company B or any other company, you should get your 140 amended because Company A does not exist and USCIS may send an Intent to Deny anytime during adjudication of 485 which will cause unnecessary hassle and unnecessary delay. Since your 140 is already approved, the amendment should not delay your applications furthur (infact this should have been done immediately after your company A got acquired).
 
dazzling said:
Whether you stay with Company B or any other company, you should get your 140 amended because Company A does not exist and USCIS may send an Intent to Deny anytime during adjudication of 485 which will cause unnecessary hassle and unnecessary delay. Since your 140 is already approved, the amendment should not delay your applications furthur (infact this should have been done immediately after your company A got acquired).
Click to expand...
Why should he amend his I-140 when he eligible for AC-21? closure of company A does not have any relation with AC-21. In fact amendment might be riskier. Just file AC-21 in company B (or whatever you are working for) name. He should be fine to go.
 
JSP said:
you may amend 140 in new employers name(this is safe for you as well).
Amendment will not take longer, I guess ur Attorney has to stamp expedite in the envelop.

Just my suggestions, consult with your lawyer.
Click to expand...

What's stamp expedite? How does it work?
 
I agree with tammy2. I am in similar situation.

tammy2 said:
Why should he amend his I-140 when he eligible for AC-21? closure of company A does not have any relation with AC-21. In fact amendment might be riskier. Just file AC-21 in company B (or whatever you are working for) name. He should be fine to go.
Click to expand...
 
tammy2 said:
Why should he amend his I-140 when he eligible for AC-21? closure of company A does not have any relation with AC-21. In fact amendment might be riskier. Just file AC-21 in company B (or whatever you are working for) name. He should be fine to go.
Click to expand...


That's what I thought. Is 140 amendment really required? If I file for 140 amendment then I have to wait another 6-7 months for the new 140 to get approved and then use AC-21.

Guys please help.
 
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