I-140 approved...then company sold.

R

ravioli_21

Registered Users (C)
I posted this in the I-140 section but thought that some of you in the I-485 stage might have an answer....Here\'s the question.

Has anyone ever been through the situation where they were approved or in the process of their I-140 and then the company they worked for was sold? I was originally told that it would just be a matter of filing an ammendment, but now I am being told that I must do my I-140 over again from the start. (It was approved the day after the sale of the company was finalized). If I do have to start again, is there any kind of expedited process since I\'ve already passed the checks once? (I don\'t imagine there is as that would make too much sense). Everything in my job stays the same. Duties, location, salary etc. The only difference is the parent company. (New Tax ID # and the company name will have to change as my process was started under the previous parent companies name).

Any input would be greatly appreciated.
 
Successor of Interest..

If your new company takes the successor of interest in your GC case (i.e. if it can still show that your job is secure after GC ) a lawyer can file the I140 amendment. Since the sale has happened before your filing of 485, you have to wait for the amendment to be approved before applying for 485.
 
you can file I-485

I have the same situation as your, and the lawyer said we can fill the I-485 with the old I-140 approval..and file I-140 amendment as the same time. One the I-140 amendment approved the INS will substitute it to new I-140.

Hope that clear
 
485 filed and then company sold....

What happens in that scenario ??
I was told by the acquiring company\'s HR (and lawyers) that an amended 140 was not needed in that case.
 
Not true

Even if I-485 has not been filed, it can be filed with the old I-140 simultaneously with the I-140 amendment.
Successor of Interest means that the acquiring company takes over all the liabilities of the acquired company.

My case is similar. Good luck to you.
 
AC21

Well, any changes to the employer AFTER I-485 application will most likely be subject to AC21 regulations as in most cases INS will take more than 180 days to adjudicate a I-485 petition.
Therefore, some lawyers will not feel the need to amend the I-140 as the beneficiary can take advantage of I-140 portability.
However, others may go ahead and file the I-140 amendment just to be safe.
 
Thanks for the feedback.

I spoke to my lawyer today and she too said that she would file the I-485 at the same time as the ammended I-140 is filed. I also found out that ammended I-140 is really misleading as it is basically redoing the I-140 from scratch. She said there\'s no special ammendment pile that they go into. It all goes in to the same processing que. I guess they use the term ammended to put a better spin on it.
 
File for I-485 with old I-140 and at the same time ..

for new I-140. After the new I-140 is approved, your attorney can send INS a letter with a copy of new I-140 approval notice to substitute it.

* Disclaimer - Use at your own risk. I am NOT a lawyer *
 
You must log in or register to reply here.
Top