filed !-485, but company filed 485 is getting sold to someother firm..Urgent help!!

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SowmyaVinay

New Member
My husband has filed his I 485 this June 29th 2007 when USCIS announced. His I140 is also approved and we have valid visa on our passport till 2010.
We have a problem no. His company which had filed his greencard is getting purchased by some other firm. We are concerned with our green card.
The whole process of selling will take atleast 6-7 months(thats what they are estimating). We have 2 concerns:
1) Will our greencard gets affected as the employer has changed?
2) If we recieve just the recipt from USCIS and not EAD can he change the job and does he need to redo his LC?

Can anyone please respond to this question?
 
Reply pl! I-485 pending and co sold

I'm in the same situation as described by SowmyaVinay. Can some please shed some light on it.

OopsBumps
NSC, I-485,I-765 RD 01-jun-07, ND 07-jun-07
 
I'm not the expert on this one but based on what I know,

1) no. GC process will not be affected adversely as you will pass six month deadline with your old company after filing I485 and before your company purchase process is over.

2) You can change job based on valid H1 and transfer but then you probably have to start GC process again.

I'm curious to know how USCIS handles cases where X company is purchased by Y company and as a result applicant is working for Y company.
 
Since it would be more than six months before everything would be finalized, there isn't anything to worry. Moreover, since this is a case of what's called "successor in interest", the new company just needs to inform USCIS of owning up all the liabilities from the previous company.
 
Although your husband’s 485 will not be affect but for the safe side if your husband uses AC21 then you are safe.
 
The following is not legal advice:

When company A buys company B, A assumes all the liabilities, risks, assets and all interests of B. I would think that the employees and their benefits and jobs from company B will be part of the sale package.
A quick call to your attorney can confirm this.

If the new company changes the title of your job, that does not matter either as long as your job duties remain the same.
If they re-locate you, or if your duties and responsibilitites change significantly when compared to the 140/H1 petition, then that will be a problem.

If the buying company does a consolidation of their workforce, it might result in some job loss. In such a case, since your 140 is approved and 485 would be 6 months old when the takeover completes, you could invoke AC21.
 
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