whatthehell
Registered Users (C)
Friends, here is the posting posted at immigration-law.com with respect to the company name change case. Just wanted to share the info.
********
180-Day Rule for 485 Waiters:
When 180 days should start to run remains a big unanswered question. The INS keeps a tight lip on this issue. The INS denies that it has decided not to apply it retroactively. This will remain a big unanswered question until the regulation is released.
Regarding change of employer for similar or identical occupation classification, the determination of "occupation" may rely on the DOL definitions of occupation classifications and one big question on whether it will limit to the same location may be answered in favor of the immigrants, according to the INS leadership. It means that the regulation may provide that change of location is within the parameter of the AC 21 legislation on this issue inasmuch as the nature and type of duties and responsibilities are same or similar.
Regarding corporate name change or restructure pending 485 application, the regulation may accomodate the business realities and incorporate such situations either within the context of AC 21 provision on change of employment or the current H-1B policy not requiring amended or new petition. Currently, the INS official position is that when the name of employer changes, employer needs to file amended or new I-140 petition. In this regards, the NSC has been taking a liberal approach as opposed to the hardline approach of VSC. Where there is a corporate structure change, the current policy also requires amended or new I-140 petition. However, it is likely that the regulation may follow the suit of H-1B policy, not requiring amended or new petition in the situation of change.
********
Any thoughts or suggestions on this.
********
180-Day Rule for 485 Waiters:
When 180 days should start to run remains a big unanswered question. The INS keeps a tight lip on this issue. The INS denies that it has decided not to apply it retroactively. This will remain a big unanswered question until the regulation is released.
Regarding change of employer for similar or identical occupation classification, the determination of "occupation" may rely on the DOL definitions of occupation classifications and one big question on whether it will limit to the same location may be answered in favor of the immigrants, according to the INS leadership. It means that the regulation may provide that change of location is within the parameter of the AC 21 legislation on this issue inasmuch as the nature and type of duties and responsibilities are same or similar.
Regarding corporate name change or restructure pending 485 application, the regulation may accomodate the business realities and incorporate such situations either within the context of AC 21 provision on change of employment or the current H-1B policy not requiring amended or new petition. Currently, the INS official position is that when the name of employer changes, employer needs to file amended or new I-140 petition. In this regards, the NSC has been taking a liberal approach as opposed to the hardline approach of VSC. Where there is a corporate structure change, the current policy also requires amended or new I-140 petition. However, it is likely that the regulation may follow the suit of H-1B policy, not requiring amended or new petition in the situation of change.
********
Any thoughts or suggestions on this.