I-140 Amendament

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cantsee

Registered Users (C)
Hi guys, please help me with this I-140 amendament issue.

My original I-140 was approved last April and I filed I-485 in June 2001. My employer got sold in December 2001, (just 10 days before I-485\'s 180 days) so my attorney said I have to file an I-140 amendament. I submitted all the papers for signature right after the New Year and the new employer has not gotton back to me yet.

I am wondering what will happen in INS if I file the I-140 amendament too late. Will they link the I-140 amendament to my I-485 upon receipt of the amendament? That will probably delay my I-485. Or will they process the two things seperately? If this is the case, they might process my I-485 before even look at the I-140 amendament, what will happen after that?

I asked my lawyer the same question but he said he can\'t speculate such situation. Gurus, please help me. Should I push my new employer really hard to get the paper back ASAP or I should not be too concerned. You input is greatly appreciated.
 
You\'re OK

You should be fine. While it is safe to file the I-140 amendment, (and I think you should pursue with the attorneys vigourously to get this filed) going by the fact that it has already been 180 days since your I-485 was filed, the worst case for you is that there might be an RFE requesting a letter of employment with the new oganization.

I am in a similar situation. My company was acquired in Apr \'01. However, I had not filed my I-485 yet and the new company did it and also simultaneously filed the I-140 amendment which has since been approved. I-485 is still pending.

But many of the other employees had I-485s pending at the time of the acquisition, some more than 6 months and some less. I know of
 
Thanks a lot, Nachos, you eased my nerves.

I want to go back to school after I-485 approval, so the last thing I want is to get my I-485 delayed.

What POed me is how my new employer responds to my request. It is a big and mean organization. My old company was small and it was a lot easier to talk to the HP head.
 
Don\'t worry

Several of my friends were in exact same situation as yours, one got green card without filing amendend I-140, and two got it when the amendend I-140 pending. So don\'t worry, even you don\'t file it, it is not a problem either.
 
Even the acquisition happened before my I-485 reached 180 days?

Just want to make sure. In my case, the acquisition happened 170 days after I filed I-485.

Thanks, LostPatient!!
 
My I-140 amendment story

I-140 approved for old company. The new company filed I-485 with the old I-140. My attorney said that to be on the safer side (since AC21 no need to do 140 amendment) to file 140 amendment after receiving the I-485 receipt.

After we received the I-485 Receipt, he did file the 140 amendment with the 485 receipt and other merger/acquisation fact sheets and 140 amendment got approved within 15 days by NSC

Hopefully this helps.
 
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