Consulting Company-->Client Company-->???

No Title

Please disregard the first message on this thread.

I would like to hear from anybody who has been in a similar situation or has
any knowledge about the following scenario:

Joined a consulting company (Company X) which started the Labor cert.
Before the labor cert. completion, obtained a new H-1 and joined the client
company (Company Y). While working for the client company, got the labor
cert., I-140 approved and applied for I-485.

Case was transferred to the local office and an interview will be scheduled.
In the meantime, the consulting company was bought over by another
consulting company (Company Z). It was a "successor in interest"
(assets and liabilities) transfer.

Now, the question is, is it imperative that the applicant become an employee
of Company Z (or formerly known as Comany X) when appearing for the interview ?
Or would it suffice to obtain a letter from Company Z stating that applicant
would be hired at the end of the green card process and present it at the interview ?
Or none of the above are required ?

If INS rejects the I-485 application, what remedy would INS order if a) the application
was working at Company Z or b) if the applicant is working at the client company
(Company Y), at the time of the interview ?

Thanks in advance for all the responses.
 
No Title

looks like the new company will have to file for a I-140 amendment for \'successor in interest\' to show that you will still be employed after your GC by the new company.
Good luck.
PS Not an ATTORNEY please get advice from one who is!
 
No Title

Hello,

Your lawyer will need to submit only a letter saying that it "Successor in interest" and you don\'t need to go through I140 amendment. There\'s no way INS should reject your case..

the answer to last question really depends on which company has you on payroll (i.e; which company considers you as the employee). But it really doesn\'t really matter though because a letter from the company and your lawyer to INS should suffice.

Bhanu
 
No Title

Thanks to \'VS\' and \'Bhanu\' for your replies.

Since, I was sponsored by the original consulting company, my contacts within the new consulting company are limited. Given that,
I wouldn\'t have an \'Employment letter\' of sorts, and I will still be an employee of the (former) client company when I go for the
interview, armed with only a letter describing the nature of the acquisition of the original consulting company by the new
consulting company.

Under the above scenario, is the round 1 of the interview already lost ? Can anybody throw any light, how this may pan out ?

Thanks a lot.
 
No Title

Hello Lycos,

If the former can legally give a letter then you are all set. But if the new company can only give you letter, then the new company should justify the "Success of Interest" with all applicable documents. Bottom line, it depends on the company situation. If the merger is not a "Successor in Interest", legally they have to change the name and have different Tax ID which means I140 amendment (or a possible redo). An example of this sort of situation is \'Join Venture Partnership\' (like mine).

If you don\'t get a RFE, you are the luckiest and you will be approved automatically without explaining this mess (incase you have not filed any I140 amendment or other)

Hope this helps!
Bhanu
 
No Title

Hello Bhanu,

If an amended I-140 or a redo is ordered following my interview, do I have to become an employee of the \'new consulting
company\' immediately following the interview or could I wait until the whole process ends ?

Btw, I did get an RFE asking for employment letter/pay stubs/W-2/tax returns. Since, there was a choice I did legally
satisfy the INS query, but due to obvious reasons couldn\'t provide the all-important employment letter.

I got the RFE in June and the transfer to the local office in late August of this year and the interview is scheduled for
January of next year.
 
No Title

Hello,

Actually RFE are issued directly by INS and local office usually don\'t issue I140 redo in the interview. I would recommend taking an attorney (expensive though) during the interview. I think you are almost there if INS has already shifteed your case to a local office. I\'d say at this point hang tight and wait till you go through the interview. I am kinda wondering why you didn\'t send the empl. letter. Please post your case details after the interview.

Bhanu
 
No Title

Hello,

The reason I didn\'t send the Employment letter was, when the RFE was issued I wasn\'t working for the sponsoring company.
 
I am planning on taking an attorney (yes, very expensive) arranged by my lawyer. Just to gauge their actual usefulness, are these
attorneys whose forte is their familiarity with local INS offices, and hired by immigration lawyers as consultants on behalf of their
clients ?

Thanks.
 
No Title

If INS has asked for an Empl. letter, then you should have provided one with whatever company considers you as an employee. However, don\'t worry and attend the interview. Make sure you take your entire immigration history (every and any communication with INS) and put them in an arranged order so that when they ask for proof you can show them. Also, make sure you have an employment letter from whatever company considers you as an employee. Rest all leave it to god.

my 2 cents. Please post your details after the interview. I think hiring an attorney (make sure he/she is an immigration attorney and not somebody who\'s a consultant with INS which in actuality is bogus) is a prudent idea. It is expensive but in your case it may prove to be worth.

Bhanu
 
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