Do I Have to file AC21 or Not? Please help me.

baby_mde

Registered Users (C)
My PD is going to become current in next month. Both 140 and 485 filled in Dec 2004. 140 approved in Jan 2005 and 485 is still pending. In June 2007 my company brought over by another company.

Is 140 amendment must be filled by the successor?
Do we have to file AC21 now or wait for interview or RFE?
If we don't file AC21 and assume that the 485 get approved in next month, does this become problem because we are not working for the sponsoring company?

Please express your express/opinion.
 
Filing AC21 is not mandatory! If you want, you may choose to file AC21 for peace of mind!!

Dallas03096, Ginnu and others.

140 is approved in Jan 2005 and 485 is pending since Dec 2004. In June 2007 my company brought over by another company. In this case, successor has to file 140 amendment?
 
I have used AC21 twice and filed with full paperwork etc. The way I look at it, is there is no harm since its a law and is unambigous.

My PD is going to become current in next month. Both 140 and 485 filled in Dec 2004. 140 approved in Jan 2005 and 485 is still pending. In June 2007 my company brought over by another company.

Is 140 amendment must be filled by the successor?
Do we have to file AC21 now or wait for interview or RFE?
If we don't file AC21 and assume that the 485 get approved in next month, does this become problem because we are not working for the sponsoring company?

Please express your express/opinion.
 
Filing of AC21 is really for protecting yourself in case the employer revokes your I-140. Unless they are laying you off, the acquiring company isn't going to revoke your I-140.

On the other hand, mergers and acquisitions are often accompanied by layoffs. But if that happens you'll have to file AC21 when you join the next company.
 
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