Company aquisition affect on Greencard process

vishalhi

Registered Users (C)
#1
Hello folks,
My company is in the process of being acquired, My 140/485 were concurrently filed on July 2004.

I have my EAD and payroll approved.
Mine is a company of < 20 folks. So i was expecting an Ability to Pay RFE.

But my question is,
What are the repercussions of this on my Green card process ofcourse assuming i have a new job. i.e What are your experiences folks.

What should i check with my lawyers, Do they have to Amend some thing etc etc.

Is this a risky proposition for my GreenCard process.

Please respond its very urgent that i react now.

Thanks
Vishal
 

iamyoohoo

Registered Users (C)
#2
I am under a very similar situation as well. My 140/485 were also filed in July 2004 and my company has <40 people and I am expecting an RFE also. My company is also merging with another company to form a new co. To make it worse, I am on an L1 and not H1.

I talked to Murthy and I was told that my L1 will have to be amended. Also if my 140 does not get approved by the time we have a new tax ID (which indicates legal existance of new company), then we will have to file for a 140 amendment as well. If the 140 does get approved before the new co gets formed, then since 6 months have passed since my 485 application and 140 is approved, i would be eligible for AC21.

On the other hand, my personal attorney says nothing needs to be filed, and if we get an RFE on 140, we may need to file an amendment at that time. I asked Murthy about this and she said she used to do that but finds it a little risky in not letting INS know about the merger/acq via an amendment so she doesnt advice for it.

I would assume that you would have to go through a similar process the only difference being that if you are currently on a H1 then an amendment according to Murthy is not necessary for H1.

Hope this helps you !!!


vishalhi said:
Hello folks,
My company is in the process of being acquired, My 140/485 were concurrently filed on July 2004.

I have my EAD and payroll approved.
Mine is a company of < 20 folks. So i was expecting an Ability to Pay RFE.

But my question is,
What are the repercussions of this on my Green card process ofcourse assuming i have a new job. i.e What are your experiences folks.

What should i check with my lawyers, Do they have to Amend some thing etc etc.

Is this a risky proposition for my GreenCard process.

Please respond its very urgent that i react now.

Thanks
Vishal
 

ss_2004

Registered Users (C)
#3
is L1B eligible for AC21

Hi iamyahoo !
is L1b visa holder eligible for AC21 in the sense that once labor & I140
is approved then can he/she get extention beyond 5 yrs (like extention beyond 6 yrs for H1) ??
 
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