Company bought over - I 140 amendment?

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samjoy

Registered Users (C)
Hello all! First let me start by saying that I have already done a search on this topic and found a few answers, but was looking for someone with experience regarding this...

Our I485 (RD/ND Feb 2002) has been pending for over a year, and now my husband's company is being bought over by another company.

1. Should we file the I140 amendment, or should we just take a chance that we will get approved without an RFE?

2. If we file the I140 amendment, does it have to be approved before an officer will even be assigned our file?

3. Can the AC21 rule be used in this case instead if we receive an RFE, and right now we do nothing?

Thanks - your replies are appreciated!
 
I-140 Amendment

Samjoy
I am in the same position however my I-140 is pending for only 4 months and some company is taking over mine and no sure if they would pursue my I-140, do let me know if you get any answers to your querries.

Thanks
 
I havent been there myself

But i would think you dont need to worry - as long your husband's new company is prepared to note in the employment letter (presuming he DOES get asked for it), that its the same company, and mention the date of takeover.

Just my opinion, though..
 
Dude27: As a part of being bought over, your company should have negotiated that the other company take over all their immigration deals - ask your lawyer if this has happened.

As far as I can tell, if the company's tax id changes after the take-over, then you have to file an amendment to the 140. Also, you probably cannot use the AC21 rule as you are not in the 485 stage yet - we might be able to (I'm still trying to find out)

AnotherGC - I'm pretty sure that the company just saying they bought overis not sufficient - incase of an rfe! It has to prove it with a lot of paperwork!
 
I-140 Amendment

Samjoy:

What happens if I leave the I-140 application as it is and if GOD WILLING they approve the I-140 with out any RFE, does it stand a chance that i wait for I-485 hoping it dont get approved in 180 days and then use AC21, I know am pushing against the tide but what to do ??? these people take so much time to approve anything that companied just get shut offf or bought over.. please advise your comments.

Thanks
 
I-140 Amendment is needed to be filed.

It happened to me.

You have to file an amendment to I-140 stating the name changes etc., if your company is bought over by other company or a name change. The same holds good even if your I-140 is already approved and it is less than 6 months of your I-485 application.

In my case, my I-140 was approved and was 5 months up on I-485 when my company was bought over by another company and there was a name change involved and I had to file an amendment.

Amendment is nothing but a formality to inform BCIS that there was a name change and will not harm your case. I suggest you do that instead of praying god to overlook these details and get in to trouble in the end.

Following up, I did not hear any approval or letter from INS/lawyer later but when I enquired my lawyer regarding amendment, I was told that INS has accepted the changes.

Please talk to your company's lawyer and follow the procedures even in case it delays your case by a month or two.

Hope this helps.
 
GBoss .. can you give details..

GC Boss: Can you give your I-140, I-140 Amendment, I-485 Deatils..

The reason I am in the same boat..

My I-140 Approved : May 6th, 2002

I filed I-140 Amendement for company name change(but taxId remains same) in July 2002. I got RFE for additional information i.e asked for legal document that filed for company name change in 2nd week of May 2003. Replied RFE and received by INS on 3rd, June 2003.

Waiting for I-140 Amendment approval

My I-485 details

RD: May 25,2002
ND: May 29,2002

AD: God only knows when ????


Please give your details ..

Samjoy: I guess you can use AC 21 since you finished 180 days with your I-485 .. I remember reading like that in one of the Lawyer Sheela Murthy chat discussions ..

Thanks
 
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GUYS

guys check this out .
I have posted the reply to this topic in I-140 and acquisition the thread starter being gan2003.

thankx
 
Samjoy has passed 6 months of 485, therefore, doesn't need an amendment. If you're less than 6 months, yes, you should
 
This issue seems to be just like AC21 not clear cut answer, though the safest approach is to file 140 amendement, I'm sailing in the same boat but my lawyer instead of applying amended I-140 decided to file an affidavit from company's VP-HR stating comapny merger and re-organisation. My 485 is pending - April 2002 RD.

I also found following article on Murthy's website which does'nt give you clear direction but talks about 140 amendment and AILA discussion on this topic with CSC(which will benefit all 485 filers whose company name has changed and have not filed amended 140) .

http://www.murthy.com/UDmaepis.html

You guys may also want to read this thread

http://boards.immigrationportal.com/showthread.php?s=&threadid=75448
 
Anamica,

Here are my details

I-140 filed: Aug'00
I-140 approved: Dec'01 (longest b'cos of company delay on RFE)

I-485 RD JAN'02
Company changed name in April'02 and had to apply for an amendment.

Amendment filed on June'02 and I verified from lawyer that everything was OK in Sep'02
 
GCboss, if your 485 has been pending over 180 days when you company changes name, do you need file amendment
 
Here is my experience :-
2 months after filing 485 thru Company A, Company B tookover company A. TaxID & name change in the paycheck.

3 months after takeover Company B filed amended 140. As per law they have to file amended 140. Company B also issued a letter stating the details of the takeover and that they are taking over all immigration matters too. The company lawyer is a good guy. They even extended my H1 B just to be on the safe side in case GC gets screwed.

Amended 140 got approved and in May 2003 my file got transferred for interview, but not for the takeover reason, but due to medical.

At the interview I submitted employer letter from Company B. I was asked if that is the company that applied for the LC petition. This is a standard question for interviews. I explained to them about the takeover and that amended 140 was filed. The officer then looked into my file and she found the amended 140 as well as the original 140. So all was fine.

So you never know what fate has in store for you. Maybe it could have created problems if Company B had not filed amended 140. Then I would have a tough time explaining about AC21 etc ...

My 2 cents ... apply for the amended 140 .... this is your future ... take minimal risks
 
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Hello everyone! My husband's company's takeover details are still being sorted out, so the merger hasn't been done yet. We're anticipating it to be done around mid-august.

I will keep you informed. We are tending towards just waiting it out and stating AC21 if we get an RFE - since we are Feb 2002 filers, and hoping for approval in the next 3 months!

It also depends on the new lawyers - since that will change once the company is sold.
 
As I mentioned - we don't know yet - we will probably follow what the new layers tell us!

But we tend towards not filing the amendment.....
 
You have to file amendment

My company was acquired after 8 months of my I140 approval then also my attorney suggested that I should file an amendment for I40 as his point was what if after 2 years BCIS asks you to file an amendment then that will mean another delay for 6-8 months, both the 485/I40 can run in parallel.

There is nothing to worry as it is more like change of address procedure as you are already approved earlier, in my case they did issue a RFE for company's financial record proably that was because of the post Enron, Worldcom era, but they approved it within 1 week of RFE response.

P.S. my lawyer did not charge any extra fee for applying the I140 amendent, just paid the filing fee, as someone might think that attorneys do this in order to make extra dough.
 
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