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Company sold after filing I-485
- Thread starter ZHP
- Start date
EAD for H4 case!!!!
I am working on H-1b since 1998. My wife ofcourse is on H4 dependent visa. In September 2001 we both filed for adjustment of status I485, still we are waiting for the receipt. My question is can my wife apply for EAD once we receive the receipt. She wants to work and do some home business. If answer is yes can she wait to get the receipt and apply in local INS office at Newark and get the EAD same day.
I am working on H-1b since 1998. My wife ofcourse is on H4 dependent visa. In September 2001 we both filed for adjustment of status I485, still we are waiting for the receipt. My question is can my wife apply for EAD once we receive the receipt. She wants to work and do some home business. If answer is yes can she wait to get the receipt and apply in local INS office at Newark and get the EAD same day.
co. sold question
you may need to make sure how the co. was sold. there are regulations that is all the assets and liabilities are taken over by the buyer, the scussesor of interest will help you and continue your GC. However, it is not easy to find. Consult the lawyer ASAP.
you may need to make sure how the co. was sold. there are regulations that is all the assets and liabilities are taken over by the buyer, the scussesor of interest will help you and continue your GC. However, it is not easy to find. Consult the lawyer ASAP.
Co Sold
AC21 may help you here. If you can transfer to another company after the I-485 is pending for more than 180 days, you should be able to transfer the same way when the company is sold.
Again, there are no implementing regulations for AC21 and different service centers are taking different positions on the requirements. Check this out with an attorney who can give you specific advice for your situation.
Jim
AC21 may help you here. If you can transfer to another company after the I-485 is pending for more than 180 days, you should be able to transfer the same way when the company is sold.
Again, there are no implementing regulations for AC21 and different service centers are taking different positions on the requirements. Check this out with an attorney who can give you specific advice for your situation.
Jim
Henry ForGC
Registered Users (C)
The key is that it is not 180 days yet.
It is safe to file an amended I-140. Experience tells that INS is sending a lot of RFE\'s. It may not be good to take a chance bacause you may end up losing several months. But it\'s your call.
It is safe to file an amended I-140. Experience tells that INS is sending a lot of RFE\'s. It may not be good to take a chance bacause you may end up losing several months. But it\'s your call.
Filed 140 amendement after merger
When i was about to file my 485 papers, my company was taken over by another company. The new company bought all the assets and liabilities as "successor of interest". My attorney filed 485 papers with my already approved 140 (old company\'s name). Meanwhile he also filed an amendment petition to the exisiting 140 to incorporate new employers name and Federal ID. The new company gave a letter stating their willingness to continue with my employement and the old company has been acquired with "successor of interest". I believe my attorney did this to be on the safer side. I am not sure about the AC21 regulations.
I got my new 140 approved in two months time. Now, the new 140 is in the name of new employer.
Hope this info helped you. But talk with your attorney about it.
When i was about to file my 485 papers, my company was taken over by another company. The new company bought all the assets and liabilities as "successor of interest". My attorney filed 485 papers with my already approved 140 (old company\'s name). Meanwhile he also filed an amendment petition to the exisiting 140 to incorporate new employers name and Federal ID. The new company gave a letter stating their willingness to continue with my employement and the old company has been acquired with "successor of interest". I believe my attorney did this to be on the safer side. I am not sure about the AC21 regulations.
I got my new 140 approved in two months time. Now, the new 140 is in the name of new employer.
Hope this info helped you. But talk with your attorney about it.
vscwaiter100
Registered Users (C)
No Title
sairamana\'s suggestion is most safe way and best way. Since INS has no stardard to handle this situation. Practice differ from district to district. Some district office require amended I-140 even in the case of company name change. INS business liason\'s office recently took a more liberal view and do not require amended I-140. However, that does not prevent district office do what they want to do under merger situation. So Go Safe.
sairamana\'s suggestion is most safe way and best way. Since INS has no stardard to handle this situation. Practice differ from district to district. Some district office require amended I-140 even in the case of company name change. INS business liason\'s office recently took a more liberal view and do not require amended I-140. However, that does not prevent district office do what they want to do under merger situation. So Go Safe.
chicago dol
Registered Users (C)
amended I-140 and i-485
if one is waiting for I-140 and then company is bought by someone else can one file i-485 with the new company using the old company\'s approved i-140 or does one has to apply amended i-140 for the new company and wait for approval of the amended i-140 before filing for 1-485. Any advice from anyone will be appreciated.
Thanks.
if one is waiting for I-140 and then company is bought by someone else can one file i-485 with the new company using the old company\'s approved i-140 or does one has to apply amended i-140 for the new company and wait for approval of the amended i-140 before filing for 1-485. Any advice from anyone will be appreciated.
Thanks.