Acquisition/merger impact on TN and GC - Need advice

Well at this point, I am going to see an outside lawyer next week. There is also another thing unrelated to this particular thread and I need legal advice on it (something from my past, long long time ago). Then I decide what to do.
As for AP, I won't make whether we file next week or not. I need the AP mid October and that won't happen as we know.
 
Well I sent the lawyer and the HR the question: if I get laid off due to the merger, would they withdraw the I-140? I haven't got a reply back yet. I think that is a crucial question for the first 6 months of I-485. I'm starting to tilt over to the cautious side and staying on TN and as I always say: God bless NAFTA! :)
 
OttawaSenators said:
..., would they withdraw the I-140? I haven't got a reply back yet. I think that is a crucial question for the first 6 months of I-485.
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That is what I told you in my first response in this thread:
The only caveat is that if the new firm cancels (actually cancels) your I-140 before the 180 days.
 
Yes nelsona, you are absolutely right. That is the bottomline. And I just got a reply from the lawyer that they cannot answer that because they don't know who will be making that decision in the newly merged company.

Now I am really uncomfortable proceeding with 485 at this point. Here is the worst case scenario: The merger goes thru before my 6 months on 485 and I get laid off and the newly merged company withdraws my I-140. Let's analyze this case. Would that be the end of it for me and I'd have to go back to Canada? Would I ever be able to get a TN in this case?
 
Would you still be working at that point (under your current TN)? That becomes the question.

Although your I-485 would soon be dead (There would be a NOID issued - Notice of intent to deny) very soon, it would be on your record, and it would be extremenly unlikely that you would ever get another TN (or entry), until you had left US for a while.

That is why filing I-140 with CP is your best bet right now. It has no effect (lawyer's lack of knowledge notwithstanding) on your TN, and does not betray any immig intent.
 
I am thinking of proposing a compromise to their lawyer: He can file I-140 but hold on to I-485 until the merger deal closes. And since he is not comfortable with me traveling to Canada after filing I-140, I'll cancel all my trips until I-485 is filed after the merger. This way we will meet half way and I'll be safe and stay qualified for TN if I get laid off. If he still refuses to do so, then we will know it's all about the money and he wants to make money on both I-140 and I-485 (greed). I wonder how much they charge for each step (PERM, I-140 and I-485).
 
Sure, let him file the I-140 (ask again for CP option, since it is pointless to file I-140 by itself with AOS option, but not file I-485 at the same time -- that's like being retrogressed). Even, if he insists to file I-140 with the AOS option, once it is filed, then travel when you want. When you re-enter US, show him the proof you crossed the border without issue. He's got some learnin' to do.
 
What makes me angry is all the speech their lawyer gave me: "oh don't worry if you get laid off, you will use AC-21!". And then he says: "oh I don't know if the newly merged company will withdraw the I-140". All his AC-21 talk was nothing but a sales pitch just like a used car salesman :mad:
 
If he was so concerned about AC21, he would have had you ready to file I-485 the day your PERM was approved. So he misled about his use of AC21, and about how competent he was at navigating TN to AOS to GC, and diodn't even offer you CP.
 
Ok here is the update: no soup (GC) for me!! :(:)
The HR called and told me they won't do I-140 by itself and I-485 later. She is still arguing with me that I-140 is immigrant intent and they'd be violating my current TN status. The argument is just ridiculous. She is saying the employer would be implying immigrant intent on my behalf!!! :mad: I feel like I am banging my head against the wall! How is their intent my intent? Where on the I-140 does it say I have an immigrant intent?

I also snapped that they provided me wrong information about AC-21 knowing that they don't know if the merged company would withdraw I-140 in case of a layoff. So I asked what the current company's policy was on layoffs and she said the current pre-merger company would withdraw I-140. I asked that out of curiosity because the newly merged company will usually have the same policy.
 
It still beats me why they won't do I-140 first and wait for the merger deal to close and then apply for I-485!! How in the world am I being unreasonable? There is something fishy about this.
 
nelsona said:
They were never going to get you GC.
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Well they were ready to file I-140/I-485 at the same time. However, laying me off during the first 180 days of 485 remains a big concern. To me, it sounds like the lawyer just wants to make money as quickly as possible before the newly merged company takes over along with a different law firm. This is the only explanation why they don't want to file I-140 and I-485 separately.
 
Yes, they were willing to file concurrently, but then they said you had to have been in US 90 days before filing, and you were not able to meet the 3-4 months in US after filing, and they WEREN'T READY TO FILE LAST WEEK!
 
Ok, my boss got involved and talked to HR. They are now assuring me I-140 won't be withdrawn in case of layoffs due to the merger; and we will be on the payroll for an additional 60 days (required by labor laws for acquisitions and mergers) during layoffs which will buy me time to satisfy 180 days for AC-21 in case of layoffs. Well, I have provided them with all the documents and asked them to do premium I-140 and as soon as I-140 is approved, I'll sign I-485. Let's see if they do it.

What amazes me is that HR is telling my boss that technically I am not supposed to work on TN as soon as they file I-140 because it is immigrant intent :mad:!! How in the world my employer's intent to immigrate me is my intent?!! Nowhere does it say anything on I-140 that shows my immigrant intent. Heck, it doesn't even need my signature and they can file it without me knowing! Well, ignorance is bliss!! The lawyer doesn't go that far that TN becomes void but he also thinks I-140 is my immigrant intent. This is just too dumb and ignorant. I am shocked by how a big known law firm handles TN to GC.
 
While your lawyer is not the sharpest tool in the shed, I-140 (and I-130 for family-based sponsorship) is indeed considered immigrant intent. It is simply that by specific internal DHS directives, that evidence of immigrant intent is NOT sufficient in itself to deny TN entry or TN approval/renewal. Until those memos were issued once could NOT travel after submitting I-140 (unless using CP) and could not apply for TN. But since those memos, TN travel and TN renewal with approved or pending I-140 (without I-485 submission) is completely permissable.

And just so we are crystal clear: Submission of an I-485 (let alone I-140) does NOT kill a TN. In does prevent the issuing of a new TN, or a TN renewal, and entry on TN status. But it does nothing to an existing, valid TN if you stay in US.

TN was designed to bypass lawyers; that is why they are completely ill-equiped to deal with them.
 
Thanks nelsona for the clarification. Still it doesn't make sense to me why they don't want me to be between filing I-140 and getting EAD for too long. It seems like they think CIS might revoke my TN during this time period. They are not giving me a darn good reason at all. All I hear is that his time period is some sort of purgatory. Thank goodness my PD is current. Otherwise they would've handcuffed me to my cubicle until PD became current and EAD had arrived in mail LOL!! I had to beg them to do premium I-140, and after I-140 is approved, I'll sign I-485.
 
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