I-140, Employer was purchased, legal name change. what to do?

V

vanya27

Registered Users (C)
Hi All,

My I-140 was filed under the name of company A in June 2002. On Feb. 1 of this year, we were purchased by company B (completely-all assets and liab.) and company's legal name was changed. I received an approval for my I-140 this July.

Questions:

a. Is this I-140 valid and if I get laid off, can I use 180 days protection under I-485 (filed in Sept. of last year) and get another job and still get my GC?

b. I was told to file a new I-140 by my laywer and the company did this July. Waiting time right now is about 14 month. If my I-485 gets approved before that, can I get my GC?

c. If I filed a new I-140, do I need to file a new I-485 since legal name changed?

All of my responsibilities are the same as far as job goes.

Any comments will be appreciated.

Thanks,
:D
 
I am in exactly the same boat. I have an approved I-140 and filed I-1485 under same. The company was then bought and the name changed. A new I-140 (an ammendment they call it, but it's exactly the same as a new petition with a little more emphasis on the sale of the company) was filed. That I-140 "ammendment" has been pending for 398 days now and counting. The intent was to "insert" the I-140 ammendment into the pending I-485. No need to refile the I-485.

Technically, the I-485 could still be approved even under the old name. The danger therein is if an RFE is issued for a document from the company. The name on the document would not match the name on the I-485 and that would be a problem.

Since 180 days hadn't passed from your I-485 filing and your company's purchase, I don't think you could use AC-21. Had your I-140 been approved prior to the sale, and 180 days had passed since the filing of your I-485, then you probably could have applied the AC-21 rule.

Just remember, it's always better safe than sorry.

There's my 2 cents.

Rav
 
I have I-485 pending since Oct. 2002, so over 180 days. I have an approved I-140 from my company under the old name. I still have H-1B open and want to bring my wife here under H-4 status. Can I use H-1B as a base or any process via I-485?

Any comments will help.
 
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