Company Outsourced during AOS <180 days

A

arp001

Registered Users (C)
Company Outsourced during AOS

One of my friend is in a company where his function is now outsourced to a new company. He filed his 485 in March 2003. The new company has a job offer which is similar. Even his offer letter has the lines about the outsourcing and his job function transfered to the new company. Long back I heard that there is a option for this kind of cases to be transfered to based on Successor of interest or something similar. Can any one shed some light on this. I guess it will help many in that company who are in that state.
 
I do believe I read that that is only possible if all assets and liabilities of one company are taken over by another, which is not the case here.

My suggestion is, since there are more than one individuals involved, pool some funds and find a good attorney.
 
But from the following article of murthy, it may be OK even change job before 180 days.


http://www.murthy.com/UDac21qa.html#1


Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
 
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