Company being acquired- Impact on GC Process!

R

RPM

Registered Users (C)
Hi Gurus,

My company (A) is getting acquired by other company (B), Is it going to impact my GC process?

My I-140 is approved and I-485 is pending for more than 2 yrs.

Questions:

1. How will this impact my I-140/I-485 processing and EAD renewals?

2. Should i stay with company B or move to different company (C) by invoking AC-21?

3. I sent my EAD for renewal (expiring in oct-10) last month and waiting for it, will it also get impacted?

4. Can i join other company C using current EAD (valid till oct-10),using AC-21 or should i wait for the renewed one which i sent for renewal in Aug-10?

Note: currently i am on H1-B which is valid till end of 2011 and i'm EB3 with Priority date Aug-02.

Please advise!

thanks,
 
RPM said:
Hi Gurus,

My company (A) is getting acquired by other company (B), Is it going to impact my GC process?

My I-140 is approved and I-485 is pending for more than 2 yrs.

Questions:

1. How will this impact my I-140/I-485 processing and EAD renewals?

2. Should i stay with company B or move to different company (C) by invoking AC-21?

3. I sent my EAD for renewal (expiring in oct-10) last month and waiting for it, will it also get impacted?

4. Can i join other company C using current EAD (valid till oct-10),using AC-21 or should i wait for the renewed one which i sent for renewal in Aug-10?

Note: currently i am on H1-B which is valid till end of 2011 and i'm EB3 with Priority date Aug-02.

Please advise!

thanks,
Click to expand...

Its fine. You must be having w2 from A that to prove you worked with it more than 180 days after filing I485 & I-140 is already approved. Continue working with B and inform same USCIS that you moved to B due to acquistion and invokeing ACT21 or just say invoking ACt21. See what new company lawyer says.
 
RPM said:
Hi Gurus,

My company (A) is getting acquired by other company (B), Is it going to impact my GC process?

My I-140 is approved and I-485 is pending for more than 2 yrs.

Questions:

1. How will this impact my I-140/I-485 processing and EAD renewals?

2. Should i stay with company B or move to different company (C) by invoking AC-21?
------------------ You can stay with B and file AC21 and send same/similar job offer letter from B to invoke AC21.
3. I sent my EAD for renewal (expiring in oct-10) last month and waiting for it, will it also get impacted?
----------------------EAD, AP are based on your pending I-485 and I-485 is YOUR petition it does not belong to A or B or C. no problems with EAD or AP.

4. Can i join other company C using current EAD (valid till oct-10),using AC-21 or should i wait for the renewed one which i sent for renewal in Aug-10?
------- if you want to join C with EAD then why not to invoke AC21 with C job offer letter letter? for work you need valid EAD it does not matter the present EAD or new EAD.

Note: currently i am on H1-B which is valid till end of 2011 and i'm EB3 with Priority date Aug-02.
--------------The date you use EAD for work you will not be on H1 status and your dependents will not be on H4.
Please advise!

thanks,
Click to expand...
--------------
 
There is no need to send any AC21 documents to USCIS if you're staying put in company B. Proactively notifying USCIS is to protect yourself in case the employer ask USCIS to revoke the I-140. But if you've both chosen to stay with each other, they're not going to revoke your I-140.

The H1B is another issue. There are rules surrounding "successor of interest" when a company acquires or merges with another, and you may or may not have to do something about your H1B in order to maintain H1B status when working for B. You'll need to check with your company's lawyers for that. Note that if they actually have to file something to keep you in H1B status, they might decide not to do it because you can still work for them with EAD.
 
immi_mygc said:
Its fine. You must be having w2 from A that to prove you worked with it more than 180 days after filing I485 & I-140 is already approved.
Click to expand...

This is not correct. There is no requirement to have ever worked for the sponsoring employer, and USCIS has said this in memorandums.

Continue working with B and inform same USCIS that you moved to B due to acquistion and invokeing ACT21 or just say invoking ACt21.
Click to expand...

This is simplest, and as Jackolantern said there is no requirement to proactively notify USCIS.
 
TheRealCanadian said:
This is not correct. There is no requirement to have ever worked for the sponsoring employer, and USCIS has said this in memorandums.



This is simplest, and as Jackolantern said there is no requirement to proactively notify USCIS.
Click to expand...

It is generally over looked. But since he has already worked 2 years then if he had all those paper proof he would be in line with rules. Also, some lawyer says it should be informed if you change the job before your green card get approved that way you may not have to face any question during citizen ship.
 
TheRealCanadian said:
Sigh. There is nothing to overlook. Go read this memo:

http://www.myvisajobs.com/Document/YatesMay05.pdf

Specifically the answer to Question 10.
Click to expand...

Lawyer was very specific that you should better have proof of working 180 days before switching to new employer using ACT21 in order to have strong full proof case to defend just incase if there is RFE on EVL after changing job. Lets say you have a greencard and you go for citizen ship after 5 years and this can still be question you did not work 180 days for the sponsering company before using ACT21. If you have these proof you can strogly defend your case.
 
Thanks everyone for prompt replies..

other concern i have is if the new employer (who is acquiring current company) changes the name of the company or the TAX ID, is it going to impact anything such as amendment to I-140 etc..?

thanks in advance...
 
RPM said:
Thanks everyone for prompt replies..

other concern i have is if the new employer (who is acquiring current company) changes the name of the company or the TAX ID, is it going to impact anything such as amendment to I-140 etc..?

thanks in advance...
Click to expand...

Do not think of amendment since you qualify for ACT21. Why you want to go around again.
 
RPM said:
other concern i have is if the new employer (who is acquiring current company) changes the name of the company or the TAX ID, is it going to impact anything such as amendment to I-140 etc..?
Click to expand...

They could file a Successor In Interest for the I-140, but it would be a waste of time at this stage. AC21 makes the SII filing unnecessary when the I-140 is approved and the I-485 has been pending for at least 180 days.

However, a SII filing may be required for your H1B depending on various conditions of the acquisition.
 
Thanks guys!

stay tight.. and sure we all will be out from this mess...

thanks..
 
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