Company B is Buying company A - I-140/485 Issues ?

[myitneeds]

Friends

I am working for Company A currently, Filed my I-140/485 concurrently at VSC in Nov'03 . Company B is buying Company A.

My concern is :

1. IF any RFE comes on I-140 or I - 485 - is that going to be problem in my GC-Process ?

2. Do we need to restart fresh Whole I-140/485 ?

3. Do we need to send any letter to BCIS, saying Compnay Ais brought by Company B, and Company B takes responsibility of Employement/LC/140 ?

I apprecite and thank you for your valuable suggestions ...


MyNeeds-GC

 

[usnycus]

Mergers, Acquisitions, Etc. on Pending I-140s and I-485s

If a company has been acquired, merged or had a significant change in its ownership, the new or reorganized entity is generally considered a successor-in-interest ("Successor") to the originally existing company.

In the immigration law context, the Successor is required to submit documentation evidencing that it has assumed the rights, duties, obligations and assets of the original employer and that it will be liable for the employment of the beneficiary subject to the terms set forth in the labor certification and I-140 Petition. Similarly, a company that changed its name or corporate structure would need to meet these requirements.

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Also Check following -- CSC MEMO (9/07/2001 )
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CSC generally follows the INS HQ memorandum of 12/10/1993, except when I-485 has been pending more than 180 days. In other words, when I-485 is pending less than 180 days or I-485 has yet to be filed, the following rules apply:

Simple Name Change and Change of EIN Number: Employer still needs to file I-140 amendment.

Merger of Two Companies: Employer still needs I-140 amendment for employees of the two merged companies.

Acquisition of a Company Taking over All the Interests/Liabilities of the Acquired Company related to Labor Certification and I-140 Petition: The acquiring company still needs to file I-140 amendment.

All in all, it appears that CSC is applying a very rigid rule, requiring I-140 amendment in most cases of corporate restructure unless I-485 has been pending more than 180 days.

This rigid standard does not necessarily apply in other Service Centers. For other Service Centers, people should check with the Service Center of their jurisdiction.

Source: http://www.greencardapply.com/news/news01/0907.htm