Employer Name Change. Then Transfer Of Division within 40 Days.

[sandeep_wxyz]

Background: I work on H1B visa. Filed I-485 in 2007 (with wife). Have current EAD/AP but none is activated yet.


* Update1
On 04/27/2009, My Company A and company B have merged to make a new company name called as Company C. This did not change my job description, nor organization. It was only a name change.
I did not update USCIS of this. I believe sponsor is same. It changed the name.

QUESTION#1.
Should I have updated USCIS of this name change, via AC21? If yes Why?



* Update 2
This is more important update.
On 06/03/2009 , this 'new' Company C has traded it's division for which I work, with a company called company D.
This means, I will be employee of "company D" in few weeks.
"Company D" is working on my H1B visa transfer.

My job description remains same.


* Question 1
Was updating the USCIS of name change necessary when H1B visa is still same, and when it is not an employer change?
(My paystub still comes out with name of Company A, since name change process is still not complete)
If yes Can I still inform USCIS about this and how ?



* Question 2
Now that my division will work for company D (see update2 above), I believe I will need to update USCIS of this.
This is necessary so that my GC process does not get affected at all.
What and when is the best way to do this?
Before I start working for Company D? Or After I get my H1B visa transferred ?
What is the best way to let them know ?


* Question 3
What must my Old employer, and New employer provide....
so that my green card process is fully supported and seamless ?
What will be sequential immediate action items for me ?


* Question 4
Assuming that Lawyers are different for old employer and new employer,
Who will be the doorkeeper of my Green card process ? Old company Lawyer still? Or new company lawyer ?


Any response is appreciated.

best regards

 

[Jackolantern]

For the I-485, filing AC21 is not necessary if the new or old company structure is not going to revoke your I-140. Which they almost surely won't do if they continue to employ you.

But for the H1B it is complicated. There are rules surrounding "successor in interest" that determine whether a new H1B filing is necessary in your scenario. Part of this involves whether your employer's Federal tax ID has changed. You'll need to talk to your employer's lawyer about what they're doing and what you need to do. Meanwhile, make sure you get an EAD if you don't already have one, so you can use that if there are any problems with the H1B.

 

[sandeep_wxyz]

Thank you for response.

Relating to your response to my Update1, my lawyer indicated similar "successor in interest", and not having necessity to update USCIS, just due to merger.


Refering to your response to my Update2 above,
My (and of many colleagues') employer will change from Company C to Company D, including Tax ID change.
(Although it is true that work I will do will be same/similar)

I feel that USCIS must know of this change somehow.
I have filed I-485.I also hold AP/EAD which I have not utilized.

Does your response indicate that I will not require to update USCIS of this change?

I'll also appreciate response to earlier questions submitted, if you could please.

Thanks

 

[henryetta82]

Comapny name change

Hi,

something similar happened to us while our I-140 was still pending. USCIS sent us an RFE asking us to prove the company merger and the fact that ownership of the company didn't change...only name. After we sent it our I-140 was approved. But if your I-140 is approved you shouldn't have any trouble with your I-485.

 

[Jackolantern]

Refering to your response to my Update2 above,
My (and of many colleagues') employer will change from Company C to Company D, including Tax ID change.
(Although it is true that work I will do will be same/similar)

I feel that USCIS must know of this change somehow.
I have filed I-485.I also hold AP/EAD which I have not utilized.

Does your response indicate that I will not require to update USCIS of this change?

If the employer does not ask USCIS to withdraw the I-140, and USCIS does not send you a notice to inquire about your job situation, and you are using EAD for the new employer, you are not required to notify USCIS of your job change. But if you are using H1B, you may have to inform USCIS, but that is for the purpose of your H1B status, not for AC21.

 

[sandeep_wxyz]

Lawyer's Support to Continue GC ? AC21 Necessity ?

My old employer is happy to support anything to support my GC process.
I have EAD/AP...and I am well past 2 years since I filed I485.
I am still utilising H1B..and plan to continue to do H1B transfer.

Now...my company lawyer is saying the following

"Usually, we do not represent an employee once he leave the green card sponsoring employer..."

I am concerned...
Q.1 From this point onwards, what all I need my old company's law firm's support for ?
( We had an RFE for unclear photos. We took pictures again, and this law firm sent the these to USCIS in the past to close RFE)

Q.2 What exactly is worst case scene if current law firm stops representing me with USCIS, at this point onwards ? What will happen to future RFEs?


Jackolantern's response (I appreciate it) indicates that, under my condition...
I do need to notify USCIS of my job change...But how should I do that ?

Current company lawyer indicates, that I am required to notify with AC21...Lawyer's response is as below...

"As you know an AC21 request would need to be filed to port your green card process to your new employer; can definitely assist you with it provided Old Employer doesn't have any objection. If required, your new employer will need to provide an employment verification letter for you.

Usually, we send these requests for our clients, we send several documents and letters explaining how the two jobs are similar. We also provide the transfer information/documents. We do charge $1000 + $50 (admin fee) for the AC21 requests. "


Q.4 If I am required to file AC21, can not I do it myself ?
Does USCIS charge me $1000, for submitting application ?