Company Merger

V

Vijay And

New Member
Hello All,

My company has been thru a merger recently and I was wondering if you guys know about any additional RFE\'s
that INS might ask for, since my I-485 is pending and was filed under the old name of the company, will it
affect me in anyway since the company went thru a merger and has changed its name to a new one.

Thanks,

Richie
 
No Title

almost certainly if INS issues RFE it will ask to redo/amend the I140. I would be proactive and file for I140 amendment ASAP. In fact in my case, it was a partnership and they changed the name and TaxID.. my lawyer is now filing for an amended I140. It can only help by reducing possible delay due to RFE.

Bhanu
 
No Title

Hi Bhanu,

Could you please tell me as to how long it takes, and do I have to redo the whole process for I-485 isn\'t that the
entire process all over again.....?

Thanks,

-Richie
 
No Title

Richie,

The process of I140 amendment (for Successor in interest case) should take anywhere between 6-8 weeks. This is just an amendment for any "Successor in Interest" merger case and you DO NOT have to redo I485. Actually you never go through refiling I1485 in cases like yours. According to the new law which offers LCA portability, I am not sure if it is "legally" required but I would still file it anyway so that you can reduce the possibility of an RFE or reduce the delay in the event of an RFE.

Hope this helps
 
No Title

Is it always necessary to do this? What if the company TIN (tax ID) has not been changed? I am not sure about this - of course it is safer to do the I-140 refiling anyway - doesn\'t hurt.

Moreover, if yours is a self petitioned (NIW) type case, you do not have to do it.

Regards

KP
 
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