AC21 if sponsor company was acquired by new company

[lemush99]

Dear Ginnu:

I worked for Company A for about 3 years, they sponsored my GC, filed I-140 and during the July 2007 gate we filled I-485, my PD is Feb 2004. About 3 years ago Company A was acquired by Company B and got my H1 visa transferred to Company B. Now Company B wants to sponsor my GC since Company A will no longer to be able to offer me the job that was filled in I-140. My question is if I should file AC21 with Company B before my PD is current?

The job/duties/responsibilities are the same; the title is different because Company A and B have different internal positions. (Systems Integrator III vs Network Architect). I am still doing the same duties, same responsibilities, same customers, same geographical area. Salary slight different 5% but because cost of living adjustments.

Is any risk because of the difference on the title? Can we include with the AC21 letter an statement the Company B acquires Company A and that my duties/responsibilities are the same as before?

Thanks for your assistance.

lemush99

 

[ginnu]

Dear Ginnu:

I worked for Company A for about 3 years, they sponsored my GC, filed I-140 and during the July 2007 gate we filled I-485, my PD is Feb 2004. About 3 years ago Company A was acquired by Company B and got my H1 visa transferred to Company B. Now Company B wants to sponsor my GC since Company A will no longer to be able to offer me the job that was filled in I-140.

My question is if I should file AC21 with Company B before my PD is current?
---------------Yes you can do that.
The job/duties/responsibilities are the same; the title is different because Company A and B have different internal positions. (Systems Integrator III vs Network Architect). I am still doing the same duties, same responsibilities, same customers, same geographical area. Salary slight different 5% but because cost of living adjustments.
---------------------USCIS care about Same/similar job duties. on B job offer letter the duties should be same/similar as on LC filed by A. They dont care about Salary 5% or 20% more.
Is any risk because of the difference on the title?
-----No, the job duties B write on job offer letter to invoke AC21 should be same/similar
Can we include with the AC21 letter an statement the Company B acquires Company A and that my duties/responsibilities are the same as before?
-------------------Talk to company B lawyer before B write the above statement. I will send simple AC21 letter from B that has joining Date, Annual Salary and the Job duties.

Thanks for your assistance.

lemush99

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