company spinoff affects 485?

[skt02118]

Hi,

Here is the situation and need your advise:

Labor approved Thorough company A

Company A floats Company B, and management remains same.
140 approved under company B name
485 pending for 29 months no questions queries. 2 EADs, 2 FPs

Side note, many collegues had Labor and 140 with Company A and 485 with B and got approved.
This is unique situation where Labor is from A and 140 from B.
How does INS considers mergers, spinoffs etc?

 

[cinta]

A fundamental principle used here is the company's Federal Tax Id and whether is the same or not. Mergers, acquisitions and the rest are difficult wrt immigration law and the need or not for an amended I-140 or I-485. Solicit the advice of a lawyer. Read the article in the link as an introduction.

http://www.entertheusa.com/publications/thriving_on_change.pdf

 

[MGI]

Hi,

Here is the situation and need your advise:

Labor approved Thorough company A

Company A floats Company B, and management remains same.
140 approved under company B name
485 pending for 29 months no questions queries. 2 EADs, 2 FPs

Side note, many collegues had Labor and 140 with Company A and 485 with B and got approved.
This is unique situation where Labor is from A and 140 from B.
How does INS considers mergers, spinoffs etc?

My employer was acquired by another company after my Labor was filed. My labor was approved after the acquisition. My I140 was filed and approved by the new company using the old labor. The lawyers sent in a letter with the I140/I485 application stating that the new company was taking over all interests etc. etc. of the old comapny after the acquisition. Per the lawyers, the acquisition should not have affected peding applications. Not sure if a merger or spinoff should be treated differently than an acquistion. But I wouldn't think so..

 

[skt02118]

Thanks Folks

My lawyer also thinks that should not affect. my case is lagging behind compared to other straight cases both sides of the filers..

I hope for the best

Thanks again

 

[cdulic]

HELP Company A bought Company B

Hi, I have a question for you since you have a experience with this issue....
My company has just been bought by company A.....I am on my second 3 years of H1B VISA all my paperwork is through company B, does company A has do something to let know INS of the change of name? I read in FAQ that through a merger&acquisition if all assets and all liabilities are acquired by company A then H1B are transfer automatically to Company A. Is this right?
Is it done AUTOMATICALLY?
My HR department is bombarded with work since the acquisition just happen, they said to wait 2 weeks to address the issue to the company lawyer? Should I be pushing the issue? I just dont want to be in ilegal status since I plan to apply for GC next year?

Can you please advise or forward to somebody that can help me??