Help needed from Gurus

[nlssubbu]

Hi Gurus,

My division of the company I am working is being acquired by a different group. My I-485 is pending with NSC more than 180 days and the attorney suggesting to use AC21 portability.

Do I need to use AC21 for mergers / acquisition too? AC21 is only a memo and there are many interpretations to it and I am more worried.

Can someone give me what options I have?

Thanks

 

[eBhola]

My division of the company I am working is being acquired by a different group. My I-485 is pending with NSC more than 180 days and the attorney suggesting to use AC21 portability.
Do I need to use AC21 for mergers / acquisition too? AC21 is only a memo and there are many interpretations to it and I am more worried.
Can someone give me what options I have?

Your attorney is correct ... you need to send a letter to USCIS.. which Ur attorney will draft ..
The USCIS guys keep that letter in Ur file .. The letter will protect you -- if the company withdraws Ur application or if USCIS tries to say -- the company is no more..

Good luck

 

[gcstrat]

AC21 is law

nissubbu

AC21 is law and its applicability was reflected in the YATES memo.

United Nations in a different thread earlier has indicated that Yates memo also clarified things which were not explicit in the law like withdraw of I-140 and LCA by original employer. He also observed that most people on AC21 have seen their cases come through.

My understanding is that if the ACQUIRING company is assuming full business of the acquired company, they "assume" the role of your company. So, I think you do not need an AC-21. Your application is "grand-fathered"

Regards
GCStrat

 

[addagarla]

nlssubbu,

I agree with 'gcstrat'. You dont need to apply for AC-21. My case is exactly same as yours. The group I was working for has been spun off as a seperate company (not acquisition) with original company has only a minority stake (19.9%). My I-140 approved just 2 weeks before the spin-off. They structured the deal so that 'successor in interest' clause applies to H1B employees so that their GC process shouldn't be disturbed.

Our new attorney didn't do anything for our H1B's/GC process. He didn't apply for AC-21. He applied for I-140 amendment to reflect the new company name on the approved I-140 after some time.


Hope this helps.
Srinivas

 

[eBhola]

I beg to disagree..

Doing nothing also works ... Like my friends case .. his company closed and he moved to a different company ... He did not do AC-21 as his lawyer thought it might complicate the whole procedure, as his PD was about to get current in few months.

The company which closed promised not to withdraw the case etc...

There was no query for his 485 adjucation and eventually he got his GC. But he might have been in trouble if there was some query about the company -- quite rare according to his attorney.

So it all depends ... if the company is not doing anything negative -- it might work ok ... but now a days with the long wait for the 485 adjucation .. one need to take less risk.

 

[nlssubbu]

I am still confused

nlssubbu,

I agree with 'gcstrat'. You dont need to apply for AC-21. My case is exactly same as yours. The group I was working for has been spun off as a seperate company (not acquisition) with original company has only a minority stake (19.9%). My I-140 approved just 2 weeks before the spin-off. They structured the deal so that 'successor in interest' clause applies to H1B employees so that their GC process shouldn't be disturbed.

Our new attorney didn't do anything for our H1B's/GC process. He didn't apply for AC-21. He applied for I-140 amendment to reflect the new company name on the approved I-140 after some time.


Hope this helps.
Srinivas

One of my friend also did the same I-140 amendment and my attorney in her mail stated about AC21. I have not changed my job or location in my case and I am wondering why do I need to use AC21?

Thanks for your input Srinivas.

I will talk to my attorney again and update the thread with the information for everyone's benefit.