I485 & Merger

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Naveen111

Registered Users (C)
Hi All,

I am working for company A from past 3 yrs. They have filed my labour, 140, 485 EAD, AP etc.,. My 485 RD is 07/05/02. It was almost one year to date w.r.t my 485.
Now company X is acquiring company A, from January 1,2004. For the acquisition Do I need to file anything with BCIS. To my knowledge I think the acquired commpany needs to file amended I-140 for me .

1. What is 140 amendment?

2. How long does it take to get approved? Is it similar to I140?

3. I also got the offer in the same position at the client directly to join as a new employee. Since my 485 was filed a year ago as per AC21 can I join with the client directly? Will it be better than filing 140 amendment?
I appreciate your input. Thanks to all in Advance.
 
Mine is similar like yours...My company was takenover...My 485 is pending since Oct 2001. My I140 was amended on Feb 03 and till date no news.......Looks like AC21 is faster and easier than this one..But you may find out form experts or lawyer....
 
From_rep

Thanks for your response.

AC21 comes into effect only if there is change in employment.
Since my company 'A" is brought over by Company 'X' my lawyer says it is better to file 140 amendment.

Here is the real question.

Can AC21 will be applicable if comp.A is brought over by Comp X.?
with the same job duties,salary and position?

OR

Does 140 amendment needs to be filed since AC21 is not clear?

or

Are you talking about joining the client directly using AC21?

Thanks for the responses.
 
I think AC21 works only if you join the client or a different employer. Please find out from an Atty. I am just a layman..
 
Merger and Name Change

I have a similar question, what if we dont file I-140 ammendment in case of Merger/Company name change ?

Is there a law that you have to file I-140 ammendment in case of Company name change ?

My I-140 is already approved in Sep 2001, my I-485 RD & ND is Jan'02. Do I have to worry about this ?

If anyone in the same boat or have faced any problem with it in I-485 stage.

Appreciate any clarification/input on this.

HTS
 
No need

If 485 is approved then I think you dont have to worry, but if in case you get RFE for paystubs or employment letter then I think it is going to be a problem, for merger or acquisition. At that time, you can submit the required documentation.
 
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Thanks for your reply Naveen111,

Actually my employer has already mentioned in the Employment letter filed along with I-485 application that the new company (with name) will be succesor in interest and will take over/assume all the immigration responsiblities going forward.
Because at that time the merger/name change was not officially completed as yet.

Is that enough to cover this up, when they get new employment letter/pay stubs from me in case of Emplyoment RFE ?

If I-140 Ammendment is taking more than a year now-a-days as I get from this forum, I guess then its better to wait for an RFE than to get stuck with I-140 ammendment at this stage.
 
You are Ok

I think, You are OK since your employer has filed you with the employment letter of new company mentioning successor of interest. However you may end up 485 approval with no RFE or BCIS may ask new company abt the type of business, about your position etc..,

You are right, Instead of waiting for 140 amendment for years-
we can wait on 485 approval.
 
Thank You for encouraging words !!

We will just wait and watch for now, I will keep my fingers crossed.
 
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