I-140 Redo ?

C

cah

Registered Users (C)
Here is a quick question, any help is appreciated:

- I-140 approved early 12/99
- Campany merged later during the month of 12/99 (name changed w/ a bought out)
- I-485 filed 1/00 (ND 1/00 RD 2/00) with new name and a success-of-interest letter

Later I received EAD/AP... after filing I-485.

Do I have to worry about getting RFE and re-doing I-140 ? any concerns ?

Thanks
 
No Title

Since you have filed recently (relatively), you may take advantage of filing a pro-active I140 ammendment. Since it is not linked with I485, it would take the normal course of time (3-6 months). The benefit however will be enormous if you get RFE\'d. Because then you can just give them the I140 ammendment papers and you will be all set.

There really is no downside except that you may find out in April that INS has taken the stance not to RFE applicants for comapny name change. Who knows which way they get.

Good luck to you.
 
No Title

Thanks for the info, if INS doesn\'t agree with the name change, then how come
they approved my EAD/AP knowing that the company name changed ?
my point is when my lawyer filed EAD/AP, he mentioned on a letter (filed with the
AP app.) that the company name change, so INS knows about this change
and they still approved EAD/AP.
My lawyer said I have nothing to worry about, however, you know, you can
never trust how INS is going to react !
Good luck to you too.
 
No Title

As my attorney commented, in the INS, "the right arm does not
know what the left arm is doing!" You can draw your own inferences.
-Narayan
 
No Title

EAD & AP petitions are approved on a routine basis, as long as there is an underlying I-485 that is pending. The name of your employer does not come into play here, nor does the fact that the employer might have changed thie name or merged or had been acquired. So, just the fact that the INS approved your EAD & AP does not really mean that they are fine with your I-140....
That said, under the new rules it might be slightly different and they might not require you to redo your I-140. But then we are all waiting for their "regulations" and nothing is clear at this point....
 
No Title

Thanks for the info... hopefully these "new" regulations will show up in Mid-April !
 
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