Company name change but...

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Bhanu Kuchibhotla

Registered Users (C)
Hello all,

I used to work for Company X (my labor cert. was don and I applied to I485 based on company X) and due to a Joint venture partnership with company name Y the company name changed to Z. Company Z has new Tax ID as well. Now I am at a point I have to renew EAD and I am applying for Advance Parole. the Parol app. requires me to submit an employment letter. Now here it gets interesting: My company has issued me an employment letterhead with company name as X (although the company name is Z). The employment manager also mentioned that he will issue the same employent letter under company name X if in case a RFE is issued.

Should I be worried or I should I ask my company to issue a new employment letter under company name Z? The only problem I have with this is that I will definitely get an RFE as the company name changed and INS will be quick to realize it. I may have to do a I140 redo and wait for even more time?

Any suggestions, any one?

Thanks a milion in advance
ND 02/00, EB3, PD 01/97 India
 
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Bhanu.K: Interesting ..... You are lucky to have a cooperative employer who understands the INS procedures also when mergers happen the old names are retained for 6 months to a year anyway. In this case there is no apparent harm to you because you are only working for the company, the only risk which is very very minimal is if the INS checks the existence of the company and finds out that the company was merged that might raise a flag, but that can also be explained ( to be in consistant with the application the employer gave the letter that he gave). In both cases you should not be penalized because you have not done anything wrong. But if you take the way things are you might have to redo I-140 which adds more time to your approval.

If you agree with the employer and go with the old letterhead you can save some time, even if INS raises the flag you might get delayed because of that but then its the same thing as redoing I140 so you are not losing anything by going with the proposal of your employer.
 
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my company changed its name from x to y with the same tax id and same location. do I need to redo 140.my attorney said, it is a mere name change and was informed to INS. So there is no need to redo 140. is that correct?
 
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If the company X is still in existance after Z came into picture, then you should be fine. Because, remember GC is for a future job. As long as company X maintains the fact that it still is interested to hire you for the specified position after GC, you are perfectly in good shape. It does not matter whom you work for "now". Only thing INS requires is that whoever sponsored your GC should have the position available for you at the time of GC approval. It should not matter if you are getting your current paychecks from new company Z. Make sure X is still in existance and they are planning to be around as a valid company at the time you get GC (incase if you get RFE). If they know for sure, they are no longer in existance as a company, then it is wrong for "them" to provide a letter in that name just because they have some leftover letterheads. It will be considered as fraud. In that case, I suggest re-doing I-140 or whatever it takes to keep the records straight.
 
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Kiran: I would not categorize the issuance of a letter in the old letterhead as fraud, usually when companies merge there is a migration period. All the brand new transactions are processed as new but if there are old residual issues are left companies do this sort of stuff for smooth transition of operations and I don\'t think it is fraud, because the old company was existing legitimately and sponsored the person and is qualified to sponsor workers from other countries, and for every little thing if one raises a technicality then this whole world would be nothing but a tin can of sardines packed nicely in little or a big box.
 
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Kiran, Chutney,

Thanks for your replies. I have a question. The company is in a Joint Venture partnership (means that could fall though in the future according to implications business terminology). Our company is officially changed to Z and has a new tax ID effective Jan 2001. Would I have a case if I say, since its a joint venture, the company letterhead remained the same? I am still in contact with the lawyer and he\'s reviewing the lagalities.

Thanks again
Bhanu
 
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I agree with you. That\'s why I said, if X is in existence as of now, either due to transition period or due to independent existance, then it is okay to use the letterhead. If you know for sure that, X is completely gone, then it is like hiding the truth isn\'t it. I understand that world is not perfect but it is not good to take chances assuming that everything is not perfect. INS may not agree to it right ? also, at a later date, if he gets an RFE, then if he has to go through I-140 rede etc., it just will waste more time. And INS might get suspecious and start digging into smaller details. Instead, I believe in correcting the problem before it becomes big.
 
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Bhanu: You have a strong point in using the old letterhead if you need references I can give you of Chrysler and Dhymler even though the merger took place last year they still have Chryslers\'s letterhead on many official paperwork, Honeywell and HP the same story, there is lot of evidence to substantiate your position. And I would not be afraid of going forward..
 
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