Can somebody let me know what it means by the following statement in paragraph-2
\'they can deny the pending EB-485 if they adjudicate the EB-485 before the amended I-140 is granted.\'
--------
One of the trends in the corporate world is a merger/acquisition. Depending on the types of merger/acquisition, some underlying I-140 will not survive and some will survive.
Lately, there have been numerous reports that EB-485 applications have been denied after the merger/acquisition of the employers. Assuming that the merger/acquisition takes place in such a form to survive such as "successor-in-interest," the Service Centers still require amended I-140 petition, and they can deny the pending EB-485 if they adjudicate the EB-485 before the amended I-140 is granted.
According to the AILA conference of 08/17/00 with the INS, the INS HQ refuses to take a uniform policy as to how the Service Centers should handle such amended I-140 petition. According to the AILA, each Service Center takes different positions as follows:
CSC=willing to delay EB-485 decision until the amended I-140 petition is approved.
TSC, NSC, VSC=will consider expediting the amended I-140 petition on a case-by-case basis and would consider such corporate changes as a ground for expedite. In these Service Centers, it is thus imperative that the employer pushes and call the agency\'s attention to the changed circumstances and strongly request "expedite." Otherwise, there still remains a danger that pending EB-485 is adjudicated and denied, should they learn that such changes have taken place. This reporter\'s experience indicates that the contractors in the Service Centers are not attuned to this issue for expedite and they tend to deny such request using the tranditional standards for expedite such as aging-out, humanitarian, extreme exigency, etc.
When a merger/acquisition involves large corporations, because of its impact on the stock market, such changes remain extremely confidential and the process of filing such amended I-140 can be very complicated and slow, seriously affecting EB-485 waiters depending on how far EB-485 has moved forward. EB-485 waiters should push hard the employers to realize the current INS practice and policy and accelerate amended I-140 filing process
\'they can deny the pending EB-485 if they adjudicate the EB-485 before the amended I-140 is granted.\'
--------
One of the trends in the corporate world is a merger/acquisition. Depending on the types of merger/acquisition, some underlying I-140 will not survive and some will survive.
Lately, there have been numerous reports that EB-485 applications have been denied after the merger/acquisition of the employers. Assuming that the merger/acquisition takes place in such a form to survive such as "successor-in-interest," the Service Centers still require amended I-140 petition, and they can deny the pending EB-485 if they adjudicate the EB-485 before the amended I-140 is granted.
According to the AILA conference of 08/17/00 with the INS, the INS HQ refuses to take a uniform policy as to how the Service Centers should handle such amended I-140 petition. According to the AILA, each Service Center takes different positions as follows:
CSC=willing to delay EB-485 decision until the amended I-140 petition is approved.
TSC, NSC, VSC=will consider expediting the amended I-140 petition on a case-by-case basis and would consider such corporate changes as a ground for expedite. In these Service Centers, it is thus imperative that the employer pushes and call the agency\'s attention to the changed circumstances and strongly request "expedite." Otherwise, there still remains a danger that pending EB-485 is adjudicated and denied, should they learn that such changes have taken place. This reporter\'s experience indicates that the contractors in the Service Centers are not attuned to this issue for expedite and they tend to deny such request using the tranditional standards for expedite such as aging-out, humanitarian, extreme exigency, etc.
When a merger/acquisition involves large corporations, because of its impact on the stock market, such changes remain extremely confidential and the process of filing such amended I-140 can be very complicated and slow, seriously affecting EB-485 waiters depending on how far EB-485 has moved forward. EB-485 waiters should push hard the employers to realize the current INS practice and policy and accelerate amended I-140 filing process