Company Acquired. Do I need to apply again?

F

freebird901

Registered Users (C)
We got news today that my company has been acquired. What does this mean to my green card process?

Labor approved
140/EAD/AP/485 concurrently filed in Dec 2005
140 approved
It will be 180 days next week from 485 reciept date
EAD and AP approved.

I am in EB2, rest of world category, filed at VSC

Do I need to file another 140 or 485?

Please advise.

Thanks.
 
YES, you(r employer) must file I-140 Amendment

freebird901 said:
We got news today that my company has been acquired. What does this mean to my green card process?

Labor approved
140/EAD/AP/485 concurrently filed in Dec 2005
140 approved
It will be 180 days next week from 485 reciept date
EAD and AP approved.

I am in EB2, rest of world category, filed at VSC

Do I need to file another 140 or 485?

Please advise.

Thanks.
Click to expand...

Yes, your employer need to file a new I-140 Amendment. Due to the acquisition, a new TAX-ID number would have come into vogue for your concern. So your employer must file an I-140 Amendment.

This was the case for me as well and my employer promptly filed an I-140 Amendment.
 
It takes the "normal" time to process....

freebird901 said:
Does the 140 amendment take the same time to process or is this quicker? How long did yours take?
Click to expand...

It takes the same amount of time a normal I-140 would take. In my case, my original I-140 got approved in 3.5 months, whereas it took 7 months for the Amended I-140 to get approved.
 
What if its been over 180 days since 140 was filed?

poongunranar said:
It takes the same amount of time a normal I-140 would take. In my case, my original I-140 got approved in 3.5 months, whereas it took 7 months for the Amended I-140 to get approved.
Click to expand...

poong,

I may be in a similar situation soon. My 140 has been approved over a year and half ago and my company may be acquired in a month or so. Will I also need to apply for an amended I-140 and lose AC-21 portability? I don't think this should be the case because I can now use AC-21 portability incase I lose my job? Please do let me know.

thanks,

saras
 
Since you are 1 week away from 180 days, don't do anything - just make sure no one withdraws your approved I-140. Once you reach 180 days you are fine anyway and don't have to worry about anything since you can do AC-21 (as long as no one withdraws your I-140 you don't have to do anything there either but you can use it if USCIS ever asks).

I am in a similar boat, just parts of my company got bought in March 2006 (incl. the part I am in). Since in my case parts of the originally sponsoring company are still around, lawyer suggested doing nothing since GC is for future job - so I don't have to work for the sponsoring employer until the GC comes. Once I cross 180 days (in 4 ~weeks) who cares anyway he said.

Also talk to your lawyer if the buyout is a 'successor-in-interest'. If 'yes', you don't have to do anything since the new company can continue the GC as if it would have been the original sponsor. I have links to relevant docs about this if you are interested.

freebird901 said:
We got news today that my company has been acquired. What does this mean to my green card process?

Labor approved
140/EAD/AP/485 concurrently filed in Dec 2005
140 approved
It will be 180 days next week from 485 reciept date
EAD and AP approved.

I am in EB2, rest of world category, filed at VSC

Do I need to file another 140 or 485?

Please advise.

Thanks.
Click to expand...
 
saras,
you are fine and you would just be using AC-21 to work for the bought-out entity. You don't lose anything.

saras76 said:
poong,

I may be in a similar situation soon. My 140 has been approved over a year and half ago and my company may be acquired in a month or so. Will I also need to apply for an amended I-140 and lose AC-21 portability? I don't think this should be the case because I can now use AC-21 portability incase I lose my job? Please do let me know.

thanks,

saras
Click to expand...
 
saras,
you are fine and you would just be using AC-21 to work for the bought-out entity. You don't lose anything.

saras76 said:
poong,

I may be in a similar situation soon. My 140 has been approved over a year and half ago and my company may be acquired in a month or so. Will I also need to apply for an amended I-140 and lose AC-21 portability? I don't think this should be the case because I can now use AC-21 portability incase I lose my job? Please do let me know.

thanks,

saras
Click to expand...
 
You can use AC-21 now so you are fine. You would be using AC-21 to join bought company, so no need to worry or do anything.

saras76 said:
poong,

I may be in a similar situation soon. My 140 has been approved over a year and half ago and my company may be acquired in a month or so. Will I also need to apply for an amended I-140 and lose AC-21 portability? I don't think this should be the case because I can now use AC-21 portability incase I lose my job? Please do let me know.

thanks,

saras
Click to expand...
 
Thanks GC2006. Another poster has mentioned about the 140 amendment that took 7months to process. At this point, that would be a nightmare considering I am so close to AC21.

Why doesn't the 140 amendment apply to me. Also, if you can post links to the documents you mention, that would be great.

Thanks.
 
Labor was approved for ABC
PQR bought ABC.
Filed my I140 as ABC. Payslips are still in ABC's name. So, I guess ABC still exists as an entity.
I140 approved as ABC. Waiting for I485
Now, XYZ is going to buy PQR in 2 months.

Whats going to happen? I dont qualify for AC21. GC2006, you said you have relevant links/ docs. Can you share? Thx
 
saras76 said:
poong,

I may be in a similar situation soon. My 140 has been approved over a year and half ago and my company may be acquired in a month or so. Will I also need to apply for an amended I-140 and lose AC-21 portability? I don't think this should be the case because I can now use AC-21 portability incase I lose my job? Please do let me know.

thanks,

saras
Click to expand...

Dear Friend, a few clarifications are in order.
  1. Yes, your employer will have to file for an amended I-140.
  2. However, who said you will lose AC-21 portability? Please do note that you are qualified for AC-21 portability. Your I-485 has been pending for close to 2 years. As per the law, it doesn't explicitly mandate that the 180-day rule for a pending I-485 starts only after an underlying I-140 is approved. Rather, it says that the I-485 must be pending adjudication for 180 days or more. And ipso facto if you had filed I-485 and it had been pending for 180 days or more, you qualify for the AC-21 portability. So don't start your counter only after your I-140 is approved. My interpretation is exactly what many leading lawyers have asseverated too. You are merely filing an I-140 Amendment.
  3. This is exactly what happened in my case. My original I-140 was approved 1.5 years before we had to file another I-140 Amendment. At that time when we applied for an I-140 Amendment, my I-485 was pending for a mere 120 days and we filed the amendment roughly 60 days after the acquisition.

Hope this helps.
 
Last edited by a moderator:
arouncoumar

arouncoumar said:
Labor was approved for ABC
PQR bought ABC.
Filed my I140 as ABC. Payslips are still in ABC's name. So, I guess ABC still exists as an entity.
I140 approved as ABC. Waiting for I485
Now, XYZ is going to buy PQR in 2 months.

Whats going to happen? I dont qualify for AC21. GC2006, you said you have relevant links/ docs. Can you share? Thx
Click to expand...

Currently, your PQR company needs to file for I-140 amendment if the TAX-ID number is different from ABC.

If and when XYZ acquires PQR, then XYZ will have to file for I-140 Amendment as the TAX-ID number will be different than PQR and also of ABC.

This is what the leading Law-firm (our law firm BTW) Fromagen said in our case. We did do that and here I am approved without any problem. In fact, mine was an Interview case and was transferred to Atlanta district office.
 
Poong - So in my case, as 180 days will pass before the TAX ID number changes, I can use AC21 and not file the 140 amendment? I am trying to avoid having to stick to my current employer - so I want to switch jobs using my EAD.

If the amendment is filed, then I am stuck with the same employer again till the amendment is approved.
 
freebird901 said:
Poong - So in my case, as 180 days will pass before the TAX ID number changes, I can use AC21 and not file the 140 amendment? I am trying to avoid having to stick to my current employer - so I want to switch jobs using my EAD.

If the amendment is filed, then I am stuck with the same employer again till the amendment is approved.
Click to expand...

Your plan should work out to be good, ceteris paribus.
 
poongunranar said:
Currently, your PQR company needs to file for I-140 amendment if the TAX-ID number is different from ABC.

If and when XYZ acquires PQR, then XYZ will have to file for I-140 Amendment as the TAX-ID number will be different than PQR and also of ABC.

This is what the leading Law-firm (our law firm BTW) Fromagen said in our case. We did do that and here I am approved without any problem. In fact, mine was an Interview case and was transferred to Atlanta district office.
Click to expand...

Coincidentally, Fragomen is our law firm too. PQR bought ABC in Sep,2005. As I said, till now my payslip shows ABC as employer with PQR's address. Moreover, W2 for 2005 had only ABC name. Jan,2006 is when Fragomen applied for I140 as ABC and it got approved. So, I dont think amendement is reqd as ABC still exists as an entity. Let me check with my lawyers again.

When XYZ acquires us in 2 months, I guess it depends on how the acquistsion is handled. So, what do you say?
 
arouncoumar said:
Coincidentally, Fragomen is our law firm too. PQR bought ABC in Sep,2005. As I said, till now my payslip shows ABC as employer with PQR's address. Moreover, W2 for 2005 had only ABC name. Jan,2006 is when Fragomen applied for I140 as ABC and it got approved. So, I dont think amendement is reqd as ABC still exists as an entity. Let me check with my lawyers again.

When XYZ acquires us in 2 months, I guess it depends on how the acquistsion is handled. So, what do you say?
Click to expand...

Even in my case, despite PQR acquiring our "ABC" we always remained as "ABC" in our name and title (even after 3.75 years of acquisition we are "ABC" till date). Unfortunately, as is the case with most mergers, the Tax-Id number changes, even if there isn't a name-change. That's why Fromagen suggested that we lose no time in filing an I-140 amendment for all employees who were awaiting their adjustment of status. So, even in your case, your new employer PQR may have a different Tax-Id number (and hence different US entity) than your original ABC!

When XYZ acquires your ABC in 2 months, most probably it will be another Tax-ID (hence another US Entity) change that would warrant an I-140 Amendment.
 
Here's the info document

Again,
if you use AC-21 then no ammendment is necessary - it is the same as if you would be joining another employer. If you desire the new (bought-out/merged) company to continue your case without using AC-21 then an ammendment should be filed.

Note, the attached document doesn't reference Ac-21 since it is not really buy-out specific.
 
You must log in or register to reply here.
Top