Advice Needed

N

Naveen111

Registered Users (C)
Hi All,

I am working for company A from past 3 yrs. They have filed my labour, 140, 485 EAD, AP etc., TSC. My 485 RD is 07/05/02. It was almost one year to date w.r.t my 485.

Now company X is acquiring company A, from January 1,2004. For the acquisition Do I need to file anything with BCIS. To my knowledge I think the acquired commpany needs to file amended I-140 for me with the TSC.

1. What is 140 amendment?

2. How long does it take to get approved? Is it similar to I140?

3. I also got the offer in the same position at the client directly to join as a new employee. Since my 485 was filed a year ago as per AC21 can I join with the client directly? Will it be better than filing 140 amendment?

I appreciate your input. Thanks to all in Advance.
 
1. I140 amendment is change of ownership
2. Depending on service center it might take as long as the regular I140
3. You can also use AC21 instead of filing I140 amendment (am not talking about joining client) to continue under new owners. Job will be same and so there wont be any problem. Of course you can also use AC21 to join the client.
 
Do not worry. You do not have to do anything. It is new company's lawyer's responsibility.

Even if I-140 gets ameneded, it does not need to be approved for I-485 to be approved. And even after I-140 amendment, your I-485 does not start all over. The RD & ND remains same. I-140 is just an amendment of name from company A to B. It is called successor of interest.
 
140 Amendment & AC21

Jaxen,

AC21 comes into effect only if there is change in employment.
Since my company 'A" is brought over by Company 'X' my lawyer says it is better to file 140 amendment.

Here is the real question.

Can AC21 will be applicable if comp.A is brought over by Comp X.?
with the same job duties,salary and position?

OR

Does 140 amendment needs to be filed since AC21 is not clear?

Thanks for the responses.
 
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