Company Acquisition and AC21

S

sri117

Registered Users (C)
Hi all,

I work for a company in San Francisco.. My I 140 was approved through this company and it's been almost 9 months since they filed for I 485. I have EAD but am still working on h-1b. This company is bought by a company in Chicago and I will be on the new company's payroll from July 15th.

Is it safe to use EAD / AC21 instead of H-1b transfer ? - this is what the new company's lawyer said to do but I wanted another opinion. Should the new company file for I 140 ammendment if I decide to use EAD?

At what point will my case be transferred to NSC from CSC? Would sending an AR-11 form to INS trigger this transfer?

Also when my EAD and AP need to be renewed, should I apply at NSC or CSC?

thanks in advance
 
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EAD/AC21 is the best option for you. No need for I140 amendment if you use EAD.
Transfer to different center is anybody's guess. However you have to file at the center where your file is currently pending.
I would advise that you file for renewals (EAD/AP) by adding both NSC and CSC processing times and file that much time before expiry. BCIS will approve New EAD 's start date to adjust to current ead's expiry date.
Additional 100+ $ for AP is a small price to pay for stability...
Dont wait for BCIS to make a move, be proactive.
 
It depends on where you will be working at, SF or Chicago. Will you still work at SF or you'll move to Chicago?
 
Jaxen,
This is the same question I have asked in another thread. You have replied me to browse AC21 thread for answers. Unfortunately I don't find a similar case as mine, so I will appreciate if you could help me out.

my labor was done by company A. At the time of I-140 processing company A merged with Company B. My lawyer sent the amended i-140 with the merger docs and I-140 got approved for Company B. After one month of I-485 application company B got acquired by company C. And finally now, after another acquisition, Company C is merged with company D a couple of months ago. my FP is done at a local ASC in CA. The online message says,
" On April 16, 2003, the fingerprints for your I485 Application to Register Permanent Residence or to Adjust Status were collected and are pending review."


Do I need to send a letter to BCIS for AC21?

Thanks for your reply in advance

TSC
ND: Mar 22, 2002
FP: Mar 25, 2003
 
GOVGC,

Did Company C and D apply for I140 Amendments? If so, did they all get approved?

With respect to AC21 letter, You can notify BCIS anytime during the 485 processing or wait for an RFE and then you can respond.

Lately I keep hearing that BCIS can approve your case based on your AC21 letter and that is a possibly. If that is the case, you could potentially save the time on RFE process.

Unfortunately, the set of documents that BCIS require to substantiate the AC21 cases tremendously vary and therefore even if you send a change of employer letter, they may still query on other documents.

But it may be worth the try sending out a letter now rather than wait till you get the RFE.

Good luck.
 
Chicago4U,
Thanks for your reply. My I-485 was applied by company B a month before the merger between B & C. Do you think it is necessary to apply for I-140 amendment even after I-485 is applied?

Also, companies C and the current employer D know that I have applied for I-485 and my current employer even knows that I am currently working on EAD. More, my job description has never got changed in this whole scenario.

Thanks
 
govgc,

My attorney suggested that we always keep the I-140 details up-to-date and so did I. Because if your I140 is not current, BCIS could possibly either ask you to amend your 140 or could deny your I140 and that means I485, EAD etc., Or could not even request amendment and that would be a best case situation.

But in order for your attorney to file for I140 amendment, your sponsoring company need to suport/provide relevant company documentation. In your case you have not moved from one company to another technically, but the ownership of the company changed. I assume that your current company (Coy D) would be willing to file for I140 amendment.

This is simply what I did when I changed from my sponsoring company. Because I realized that there is no harm in filing for the I140 amendment. In the absence of any specific ruling on these issues, your best bet would be to keep all information current with BCIS.

Good luck.
 
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