I 485 filed for Future Employment, Company Being Taken Over

A

Ajay92

Registered Users (C)
Hello Gurus,

All feedback would be highly appreciated..

My 485 was filed last week at VSC. I am currently not working with my sponsoring employer (A) and the petition is filed purely on the basis of future employment. If sponsoring employer (A) is taken over by another company (B), how would INS pursue my case ::

1. Would my AOS still stand good ?
2. I am open to join the new company on EAD.

Thanks
 
No Title

Your new company has to file a I140 amendment petition. Find out what is decided about who gets the responsibility of H1 and AOS cases. (Successor of interests). File for EAD too.

The risk is to decide what to use :H1 or EAD. If you are using EAD and the I140 amendment fails your GC might be in jeopardy. If you use H1, then you have to remain with the employer until I140 amendment is adjudicated or your 485 is adjudicated. (You can always extend H1 by 1 yr terms) .

Personally, I do not see any real benefit of using H1 , because if the I140 amendment fails and your 6 yr is up, you cannot really work in US, right.
So my vote goes to use EAD and pursue your case. Please ask a lawyer by crafting well thought out questions and asking him/her all these possibilities rather than risking arm chair opinions in this forum.
 
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