Amended 140 filed with 485!! Experiences please!

Rsur

Registered Users (C)
All,

I have filed an amended 140 for Company name change (same Tax ID) alongwith my 485 and have recd a separate LIN for the 140. Could people who have had to do something similar post their experiences in terms of EAD and AP adjudication. I have been looking for guidance on how the adjudication process is handled in this case. Thanks for your time.

RD 1/22/03 ND 1/29/03 FP 2/22/03 EAD/AP - ??
 
Should not be a problem.
140 amendment processing and 485 EAD/ parole seem to be independent processes.
My original co. was bought by my new co. (tax id change). filed 140 amendment in July '01.

Got my EAD/Parole in Oct '01
Also got an RFE for 140 amendment in Oct '01
140 RFE replied in Nov '01.
140 Approved Mar '02.
 
I am in same boat...Please read through..

ND 10/2001
FP 03/2002.
RFE 01/03.

RFE is for employment verification and secodary evidence for BC. But, the most unfortunate thing is, INS sent an RFE after 15 months. I was working for company A, which went bankrupt and currently I am working for company B, which is the re-emerged new company. My job title, role, salary, location is all still the same. Yes! I survived a storm! But, since the I-140 is under old company name, due to the change in Tax ID number, my lawyer is proceeding to file for I-140. Once I get the receipt notice for refiled I-140, they will respond for the I-485 RFE. Lawyer advises that the IIO who receives the RFE will simultaneously approve both the I-140 & I485!

Current status is responded to RFE w/ I140 receipt notice. No word yet...Responed on Feb 25th 2003.
 
vic01718,,,,,,,could you please post your current status? Are you into 485?? If so??the dates please.....Mine is similar situation..but 140 was amended after 16 months into 485....

please advise.......
 
485 RD 18 July '01, ND Aug '01

Employment verification RFE Oct '02, Replied Oct '02.

485 Approved - Feb '03.
 
vico718,

Thanks! But, do we have to wait for the I140 to approve before they take any action on I485 RFE or do they simultaneously approve both 140 & 485 at the same day by same officer? Is that possible?? Please share your thoughts!
 
thanks vic0718 and from_rep..

for posting your details and experinces. Anyone else out there who was or is in a similar situation. Please post.
 
Mine is one such case. Certain units of my original I-140 sponsor was acquired by another company in Apr '01 just prior to my I-485 filing.
Therefore an I-140 amendment as a successor of interest was filed in May '01.
The I-485 was filed separately in June '01 with the original I-140 and a note indicating that the I-140 amendment was filed.
There was an RFE on the I-140 amendment to justify the successor of interest in Aug '01 which was responded to by the attorneys after a long delay (had to ammass enough proof that the acquisition DID satisfy the successor of interest clause).
The I-140 amendment was finally approved in Dec '01.
The I-485 was approved in July '02 without any employment based RFE.
This acquisition affected over a 100 individuals from my original employer. Everybody got the RFE on the I-140 amendment. Some got RFEs on their 485's; other lucky ones (like me) escaped w/o any RFE. My dependents however got RFEs for BC affdavits.

Don't worry, you should be fine.

Good luck
 
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nachos..thanks for the detailed reply

Was your EAD/AP approved normally or was it after 140 approval? Thanks
 
Yes.

We got our AP (July '01), EAD (Sep '01) and Finger-Printing (Nov '01) before the I-140 amendment was approved. I don't think there is any connection made until the I-485 is assigned to an officer (very close to apprroval). Until then the I-485 and supporting petitions (AP, EAD etc) will go along the normal processing path.
 
Hai Nachos,

It is indeed is a sigh of releif. But when my day will come, God only knows! Do you know if they approve 140 & 485 at the same time, since my 485 has taken more than 16 months? Also, what evidence was requested to prove successor of interest during 140 amendment? Hope, and pray that my attorney covered all that ahead of time...Thanks for your inputs.....
 
Rsur...please post status

Rsur,

Could you please post your current statsu? Is your amended 140 approved yet? 485 status??? Trying to get an idea....
Thanks.
 
Hi,

My company's name got changed. Not sure of the Tax Id. They filed I-140 Amendment and becuase of that the old I-140 got revoked and my 485 got denied (Already 10 months past).
The I-140 amendment is already approved.

One more thing. Everything (485/ED/AP) was in Vermont, but they transfered my Case to Nebraska, saying the I-140 was filed in Nebraska and then denied it. Which is very surprising.

Hope everything gets sorted.
 
GcRejected, sorry to hear that. Goodluck! It will get sorted out...Here is some info..It certainly makes me nervous...see if this info helps....

Mergers, Acquisitions, Etc. on Pending I-140s and I-485s

If a company has been acquired, merged or had a significant change in its ownership, the new or reorganized entity is generally considered a successor-in-interest ("Successor") to the originally existing company. In the immigration law context, the Successor is required to submit documentation evidencing that it has assumed the rights, duties, obligations and assets of the original employer and that it will be liable for the employment of the beneficiary subject to the terms set forth in the labor certification and I-140 Petition. Similarly, a company that changed its name or corporate structure would need to meet these requirements.

Traditionally, these requirements by the Successor could have been met in cases where the labor certification (LC) has been approved and the I-140 had not yet been filed, by having the Successor company file the I-140 (immigrant visa petition by employer) with the evidence described above, to reaffirm that the Successor is continuing to offer the employment to the beneficiary in accordance with the information stated on the LC. However, in cases where an I-140 had already been filed without the additional evidence or an I-485 (application to adjust status) had already been filed, and no additional evidence related to this aspect of the petition has been requested by the INS, many would ask whether the company has to start the process over from filing a new I-140 Petition?

There has been a debate among immigration lawyers and the traditional view was that the company that assumed all of the duties and obligations of the predecessor company would have to start the process from filing the Form I-140. So if an I-140 or an I-485 was pending at the time of the company's merger, acquisition or other change, that petition would have to be re-filed. The more recent view, which seems to make sense from a practical point of view is that, as long as the successor-in-interest agrees to assume all of the obligations of the previous employer with respect to the employment relationship, including agreeing to be liable to the U.S. Department of Labor for the prevailing wage, the job location, job duties and other factors, as set forth in the 750 A forms and to the INS as set forth in the I-140 Petition, with respect to the permanent nature of the job, etc., the INS will allow the process to continue, without the requirement of having to start the process over.

In a recent liaison meeting with attorneys of the American Immigration Lawyers Association (AILA) the California Service Center (CSC) recently announced its intention to follow the latter interpretation. The head of the Residence Product Division of the CSC has agreed to the following:

If an I-140 is pending at the time that the company changes, according to the CSC, "no action is required" until the completion of the I-140 stage. Evidence of the "bona fides" of the Successor should be submitted at the time of filing the I-485 application

The CSC will allow applicants to supplement the file on an existing I-485 by submitting evidence of the "bona fides" of the Successor that shows that the same position and compensation, etc. are still offered. The CSC has confirmed will not require re-filing of the I-140 or the I-485.

In order to avoid having such evidence routed through the correspondence process, the attorney should clearly establish on the cover letter that attached documents are for consideration in connection with a pending I-485 application, based on CSC/AILA concurrence and make clear reference to the I-485 Receipt number.

In general, we at The Law Office of Sheela Murthy, P.C. have observed, even with the other Service Centers, that as long as the successor-in- interest agrees to be liable for the employment of the foreign national employee as set forth in the documents submitted to the INS at the I-140 or even the I-485 stage, the process has been continued by the INS.

Please note that many important procedures with INS, for example mergers and successors-in-interest, are not specifically addressed in the immigration statutes or regulations but have been the subject of numerous INS Memoranda as well as letters and announcements to AILA and its member attorneys, because of our intense lobbying efforts to help companies and their employees. Please note that if there is a change in the law, these advisory opinions are not binding on the INS, though the INS and the affected companies and their employees tend to rely heavily on such advisory opinions.

I found the above in this link : http://www.murthy.com/UDmaepis.html
 
My amended 140 has been approved yesterday

An update:

Original 140 RD - 05/05 AD 09/02.
Amended 140/485/EAD/AP RD -1/22/03
Amended 140 AD - 4/24/03.

No news on EAD/AP.

I am glad this went through without an RFE. Let us hope for the best.
 
Thanks Rsur,

Your 140 approval gives me some hope as well. Please post your 485 dates..

My I140 amended Feb 15 03.
485 pending since Oct 01.
No news yet.....

Thanks,
 
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