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Hi!
Addendum to my earlier post. Please read the following message from immigration-law.com. It clearly says everything.
Updated 08/21/00: Corporate Merger/Acquisition and Pending EB-485
One of the trends in the corporate world is a merger/acquisition. Depending on the types of merger/acquisition, some
underlying I-140 will not survive and some will survive.
Lately, there have been numerous reports that EB-485 applications have been denied after the merger/acquisition of the
employers. Assuming that the merger/acquisition takes place in such a form to survive such as "successor-in-interest," the
Service Centers still require amended I-140 petition, and they can deny the pending EB-485 if they adjudicate the
EB-485 before the amended I-140 is granted.
According to the AILA conference of 08/17/00 with the INS, the INS HQ refuses to take a uniform policy as to how the
Service Centers should handle such amended I-140 petition. According to the AILA, each Service Center takes different
positions as follows:
CSC=willing to delay EB-485 decision until the amended I-140 petition is approved.
TSC, NSC, VSC=will consider expediting the amended I-140 petition on a case-by-case basis and would
consider such corporate changes as a ground for expedite. In these Service Centers, it is thus imperative that the
employer pushes and call the agency\'s attention to the changed circumstances and strongly request "expedite."
Otherwise, there still remains a danger that pending EB-485 is adjudicated and denied, should they learn that such
changes have taken place. This reporter\'s experience indicates that the contractors in the Service Centers are not
attuned to this issue for expedite and they tend to deny such request using the tranditional standards for expedite
such as aging-out, humanitarian, extreme exigency, etc.
When a merger/acquisition involves large corporations, because of its impact on the stock market, such changes remain
extremely confidential and the process of filing such amended I-140 can be very complicated and slow, seriously affecting
EB-485 waiters depending on how far EB-485 has moved forward. EB-485 waiters should push hard the employers to
realize the current INS practice and policy and accelerate amended I-140 filing process.
www.immigration-law.com