company got acquired, 3 months after filing I-485

L

LongLongRoad2GR

Registered Users (C)
My company, a subsidiary of A Corp. was acquired by B Corp and became a subsidiary of B Corp. My job location/boss/responsibility/compensation doesn\'t change with the new employer.

By now, I have received my EAD and Advanced parole doc. What should I do?
1) By the book: Someone saying I\'d just file an I-140 amendment for name change, others saying I
need to file a new I-485 as well?
2) Not by the book: sit tight till I-485 goes thru? I can see the positive out of this approach as it will not confuse INS as it is. what\'s the bad side?

Interestingly, answer to the FAQ [Q177: During the pendency of the I-485, my company has undergone a name change (or a corporate restructuring. Should I amend the I-140?) ] said "INS has suggested that may not be necessary. I would suggest, yes. Please amend.". Anyone which document/memo has this INS \'no amendments\' suggestions?

Your answers will always be greatly appreciated.
 
Man, please read the FAQ 10 times first, then you might be able to find the difference.

I guess you wanted apple, but instead you got orange. Put it simple, a name change does not necessarily mean company change, but a company change would most definitely mean name change. Your situation fits to the second, so you should file I-140 amendament now, or you will definitely get RFE later. I do not think you need to file another I-485, but not 100% sure.

good luck
 
LongLongRoad2GR, if I were in your situation, I would do nothing other than wait.

Your name and position is associated with the parent company for your I-485, so unless you get RFE, TSC will not be able to know part of the company changed hand. Even if you get RFE, you should not file I-140 amendment, but rather argue that with AC21 since your case is over 6 months. It is very difficult to file I-140 amendment with your situation.

Iainjarvis, for your question, think about the AC21.
 
I am not sure whether the subsidiary

has its own TIN or not. However, i know that my case is based on the parent company. so, does it matter the subsidiary has its own TIN ?
 
I am not sure whether the subsidiary

has its own TIN or not. However, i know that my case is based on the parent company. so, does it matter the subsidiary has its own TIN ?
 
Ok, I think I need to give you some examples.

Example 1: Cisco thought the name "Cisco" were no good, thus it changed name to "Disco".

Example 2: Cisco acquired Lucent Tech, after restruction, it changed name to CiscoLucent.

Example 3: Lucent Tech were acquired by Cisco, the company still called Cisco.

For the FAQ, the guy might be working in Cisco, but you were the guy who were definitely working in Lucent Tech. Basically, INS will check the EIN number. When you were in Lucent, the EIN would be invalid after the acquisation, but the EIN for Cisco were still there even if the name changed. It is impossible for you to work in a company without EIN, thus you need to file I-140 amendament, while another guy in Cisco might be OK.
 
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