Advise needed in company takeover case

C

Christo

Registered Users (C)
Company A filed I-485, but went bankrupt before 180 days, then Company B and Company C purchased the assetts, I\'m at Company B now, but in legal terms Company B is not the successor of Company A.
- Do I have to restart everything from the beginning? Labor/I-140?
- What if I get approved? Does INS ask for paystubs to verify employment in every case?
ND 04/00
Thanks.
 
You are okay

As long as 485 was filed and INS does not come up with any RFE of any sort within 180 days of filing of 485 u are fine.

Just make sure that the offer with company B is similar to the job u were doing in company A. That is all matters as per the AC21 rules.

After 180 days if they ask for paystubs, give company B\'s pay stubs and letter explaining the take over. you may not want to exploit the Successor in interest situation where u have to file 140 amendment. Just exploit the AC21 rule of working in a similar job.. and get ur GC.

Good luck
 
I\'m right at 180 days (I think tomorrow), no RFEs yet, but

takeover happened months before the 180 days, how can I exploit AC21 in this case?
 
You shd be fine

I would suggest that u stick with company B... as long as possible. In the event of RFEs u may still be able to prove the roots to ur original company.

Consult a good lawyer to present the case ( if u are called for an interview at a later stage).. otherwise i think u are fine..
 
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