company name change question. Please help.

R

rkmct

Registered Users (C)
Hi,

My details are:

EB1, India
RD 9/21/1999
ND 10/4/1999
RFE was issued and they received on 5/7/01

I just called INS and was told by the IIO that my case is on hold. My attorney\'s office says that because it was a \'successor of interest\' case, this should not be the case. Also - they say that because of the new law, and since my case was pending for more than 180 days, an amended I-140 is not required.

Incidentally, amended I-140s were filed for EB2 cases at my company, but at the time attorney said it was not required for an EB1 case.

I am totally confused. Appreciate any help here.
 
No Title

rkmct,
Your lawyer is correct - only partly though. It is true that VSC will put on hold applications received with company name change (even successor in interest). It is NOT true that an amended I-140 is not required. Infact, the filing an amended I-140 will remove your application from the hold. Or else you may have to wait for the AC21 regulations to come out, whenever that is, before the hold on your case can be removed.

Your case is similar to most cases of IGATE Capital, where it involved a company name change (also succesor in interest). IGATE has started filing amended I-140 en masse for its employees, and we have started seeing some approvals based on those as well.

Search this board for discussions on IGATE (or IGTE) issues and I am sure you will get a lot of useful information.

Good luck
 
No Title

Hi Shahenshah,

Thank you so much for the reply. I did as you suggested and it seems that it would be prudent to file an amended I-140. This forum is a godsend - if not for this - I would still be unaware of whats going on.

Thanks again.
 
No Title

Shahenshah,
Would you know specific cases where on the basis of an \'amended\' I-140 case the 485 got approved? If so, what has been the approx. time between getting the amended I-140 cleared and getting the corresponding 485 approved?
 
No Title

485hope,
Mine is one such example. You can search on my username and see my earlier posts.

My details are
EB3 India
PD: Nov 1997
RD Nov 1999
ND Dec 1999
NO RFE AT ALL
amended I-140 filed on: 4/16/01
amended I-140 RD: 4/19/01
amended I-140 ND: 5/11/01
amended I-140 approval: 5/23/01
I-485 approval: 5/30/01
Passport stamping: 6/11/01

All the best
Shahenshah
 
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