Company Name Change While on I485

X

Xwati

Registered Users (C)
Please HELP !

(I posted this in wrong place earliar)

My I485 has been pending nice Nov 1998(EB1).

About 7/8 months back, my company name changed from Company-A to Company-B. The address, business, Company Federal ID all remain unchanged. Recently (2 months back) INS sent a letter to my lawyer asking filing of I140 all over gain due to company name change. I got to know of this only a week back My lawyer says another 140 is NOT REQUIRED and INS has made a mistake and he is responding to that effect. I have less than two weeks to respond.

IS MY Lawyer correct?

Also my EAD expires by February 2001. Can I apply for an extension with new company name?

Please help me!
 
No Title

If it is just the name change from A to B without change in the Federal Tax ID, DUNS # etc., then I think your attorney is right. You need to get from your company\'s legal team a copy of the name change approval from the local/state government. This happened to me when I was on H-1 and I travelled to India and returned by just carrying the change of name approval. In that approval, it clearly stated the old and the new names and the registrar\'s information.

On the other hand, if your company was split or acquired by another company thus forcing the name change, then you will need to apply for new I-140 that probably takes 4 to 6 months. Seek your attorney\'s help on this because he/she would know details about your case and your company\'s activities. If proper actions are not taken, INS might ask you for RFE thus delaying your application.
 
No Title

File I140 ASAP!!

Recently, Clinton signed a law which doesn\'t require H1B amendments caused by change in employer name (irrespective of acquisition or not). However, nothing was mentioned about I140. Unfortunately, rules for H1 don\'t necessarily apply to I140 and one can\'t draw any analogies here.

A lot of lawyers had included a standard letter while filing I485 explaining the name change (the usual \'succesor-in-interest\' language), given proofs of acquisition (such as newspaper and company reports) and still got RFE\'s to redo I140.

So, unless you fancy the idea of banging your head against the INS bureacracy, I\'d strongly recommend that you file for I140 asap. Not doing so exposes you to the risk of being denied (which ofcourse can be appealed) and I don\'t believe, you\'d like to follow that path given that you are already waiting for over 2yrs now ...

Can you tell us why you have waited for 2 months to take any action on your RFE?

Best luck.
 
No Title

Your lawyer maybe technically correct in stating that a new/amended I-140 is not required, but it may be better to compile with the INS RFE to get things moving faster, in your favor. I know of an instance (similar to yours) where the lawyer replied to the RFE stating that since it is only a name change, a new/amended I-140 is not required. The INS promptly came back (after a few weeks) with another RFE for I-140 redo. So, take your pick.....
 
No Title

I did apply for a new EAD in the same situation and obtained with out any problem using the new company name.

As far as I-140 redo goes, my lawyer also said that INS is not correct. While your lawyer may be technically correct, I have heard of situations where people got a second RFE forcing to redo I140. Hence my lawyer filed for I140 redo rather than arguing what is correct.
 
No Title

You\'ve to file amended I140 even for name change. VSC guidlines are very specific about it. Initially, my atorney was suggesting similar approach. But after couple of rejections, now they\'ve started filing amended I140 and I\'m also going thru\' the same route (i.e. filing amended I140)
 
No Title

My company A is merging with another company B and the new name (yet to be decided) most probably will be called AB. I\'ve applied for I 485 more than a year back. PD 10/1997, no FP yet, RD 10/07/1999. Do I have to apply for I140 again ? If so can I go ahead and do that even before INS comes back and tells me later to do that because INS is currently not processing my I485. Recently my existing company A sent a letter stating that I don\'t have to change any of my process. They sent this letter to many of us since many employees who have applied for GC were concerned.
 
No Title

Yes, it will be better for you if you apply for a an amended I-140 as soon as the merger is completed. You do not require any letter/RFE from the INS to do so, you may do so directly. Once the INS approves the I-140, all you need to do is to send them a copy of the approval if & when they ask for an amended I-140 and/or emplyment verification letter. Of course, if you get an RFE, you will need to send them all the required evidence/documents, not just the new I-140. And doing it pro-actively, without waiting for the INS to send you an RFE can save you a lot of time and agony....
 
No Title

Doesn\'t the new law come into effect where you are allowed to change a job after 6 months of I-485? I thought this was what "portability" mean\'t. Or is INS trying to rewrite portions of the law.
 
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My lawyer had taken action alreay and sent in a response (apparently) stating that there is NO NEED to redo the I140. But when I checked with an Immigration officer at VSC(yes I was lucky to get through), I was told they had received any response and asked me to resend it.

My concern is whether my status will become illegal due to this.
 
No Title

Thanks for the response; it is a relief to know that there may not be any problem with EAD extension.

regarding cases where you mentioned about second RFE forcing them to do 140, can you please tell me how much time was given to do so. And how long did they have to wait after that for approval.
 
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