<b>Company Merger</b> - What to do ?

[I_want_gc_too]

Firstly, let me thank you all for the patience & support with all the various issues. Following is my particular situation:

(1) I am on H1B & Concurrent filing I140/I485 - ND - June 18th 2004
(2) I140 approved some time in November & 6 months elapsed of 485 pending,
got EAD in hand.
(3) I have fingerprint notice scheduled for some time in april.
(4) Present company (A) aquired by a very big company B (merger via a
stock purchase. As such Company B has assumed all of the assets and
liabilties of company A. Company A survives as a wholly owned subsidiary
of company B) - I think from this it is fair to assume that company B is
"successor in interest" to company A.

Questions/Dilemma:

(1) Since the company is merged & I will be getting new paychecks from a different employer tax id, should i file AC 21 explaining that this is a merger & the same job description is still valid though under a new title ?

(2) I dont do anything right now, but when i receive a RFE, I would explain that the company merged with all evidence, same job description as in labor certification letter ?

(3) what happens if my geographical location changes ?

(4) Is it advisable to file an amended H1 petition just as a status backup incase something goes wrong ?

(5) Shall i get a new private attorney safe guarding my I-485 interests ? I do not know the new attorneys, hence dont trust them (I have to something to lose, they dont).

I am not able to understand if AC21 applies here as i did not change the employer (but the employer has a new federal tax id). I would appreciate greatly any advice on what needs done.

Thanks a lot.

 

[TheRealCanadian]

(1) Since the company is merged & I will be getting new paychecks from a different employer tax id, should i file AC 21 explaining that this is a merger & the same job description is still valid though under a new title ?

No need to do so proactively.

(2) I dont do anything right now, but when i receive a RFE, I would explain that the company merged with all evidence, same job description as in labor certification letter ?

Yes.

(3) what happens if my geographical location changes ?

AC21 covers you.

(4) Is it advisable to file an amended H1 petition just as a status backup incase something goes wrong ?

It's unnecessary, and a waste of time and money.

(5) Shall i get a new private attorney safe guarding my I-485 interests ? I do not know the new attorneys, hence dont trust them (I have to something to lose, they dont).

I don't see how you need to retain any attorney, just file a G-28 indicating you are now representing yourself.

 

[I_want_gc_too]

Hi, thanks very much for the reply. Couple of followup questions:

(1) When an RFE is issued asking for current employer details, what specific documents should i send ? Basically, I am wanting to collect all & any information in anticipation for the defense. Since there would be only 1 RFE, should i assume they want everything & hence provide them AC21 letter, paystubs, employment letter & also some merger documents ? Is this a clear case of AC21 ?

(2) The same or similar job description is bothering me. Shall i ask the new merged employer for a company letter with the same title & ditto job description cut & paste from the labor petition (job did not change, company changed !) ? Also, the titles seem to change, should i insist on the same title as the labor petition ?

(3) I do not have my I-485 notice date copies nor I-140 approval copies (company lawyer is not giving it out even though these are related to me). However, I have the receipt numbers for my 485 & I140 through which i check case status. If i need to file AC 21, how would i get hold of my 485 receipt notice date?

Thanks very much for your help !