I485 waiting but need to refile I-140

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from_rep

Registered Users (C)
Hello,

Can anyone please share their experiences?

ND 10/2001
FP 03/2002.
RFE 01/03.

RFE is for employment verification and secodary evidence for BC. But, the most unfortunate thing is, INS sent an RFE after 15 months. I was working for company A, which went bankrupt and currently I am working for company B, which is the re-emerged new company. My job title, role, salary, location is all still the same. Yes! I survived a storm! But, since the I-140 is under old company name, due to the change in Tax ID number, my lawyer is proceeding to file for I-140. Once I get the receipt notice for refiled I-140, they will respond for the I-485 RFE. Lawyer advises that the IIO who receives the RFE will simultaneously approve both the I-140 & I485!

Does anyone know of such an unfortunate situation? I am finishing up my 7th year H1B and lot of uncertainity still persists....Please provide some info...Would be highly grateful for any valuable information....
:confused:
 
why do u need to refile I140. I feel u can use AC21 rule since its been more than 180 days since u filed ur 485.
some one correct me if i am wrong
 
File 140

After 180 days after you filed 485 you can change the employer. But you have to prove INS that you are continuing in the same or similar job. This can be risky as some lawyers say we should be shown some mercy from INS not to reject. To avoid the risk the lawyers advise you to file a fresh labor and 140, and prove evidently INS that you are in a similar job.
 
Thanks for the reply! But my case is not AC21, since the company changed Tax ID numbers...Please provide some info on I-140 refile or amend..
 
Simimar Job

If you are in the same or similar job you can send a letter if the service center asks any RFE. Its safer to file labor or 140 if your job at the new company makes the service center suspicious.

NB. I am not a lawyer.
 
What is your RFE for and how long did you stay with the company before you started working for the new one ?

If your company got a new id, its as good as a new company even with same employees etc. But since its more than 6 months, you can use AC21 and looks like you have to.

There is no real concept of transfer of 140 since its more like an eval of the company itself.
 
My company has amended the I-140 with a new one. Once the receipt notice is received, my attny will respond to the 485 RFE with that...hopefully I will get both approved simultaneously...

My RFE is for proof of current employment and secondary evidence for birth certificate....

longstory short, i am working for the new company (reemerged old company with new name) since last Sept or so.....
 
Merger or new Tax ID

If there is a merger or acqusition you can send an ammendtment. You should be doing the same or similar job.
 
No body to provide some information on this? Finally my Attny responded to the 485 RFE with I-140 receipt notice. Attny says both will be approved simultaneously! Is that true? Anybody has any information?
 
A bankruptcy is different from a merger, but in both cases the tax ID number will likely change. I am not a lawyer, but I remember seeing specific rules on dealing with mergers and I assume that there should be similar rules on bankruptcies. So I agree with one of the postings that you should be able to file an amendment or additional information to your old I-140. Remember that in a bankruptcy the old company renogiates its liabilities, but does assume a portion of them. So in your case if the company has kept you and is supporting your case, it has obviously assumed the liability of your case.

I also agree that AC-21 should be applicable if the job roles, title and salary are the same. If you can change companies using AC-21, why not change from old company to the new one. However, since old company is now defucnt, the first alternative may be preferable.
 
check with ur lawyer to my knowledge both cannot be approved at the same time. first he would clear 140 issue and then come to 485 only thing is that we have to hold for many months. i had similar situation i got an rfe for 140 because my company was merged at that time my lawyer filed 485 along with 140 amendment. it took nearly 5 months for my 140 to get approved and it took more that 2 months after my rfe for employment for my 485 to get approved.
 
Thank you..Vanakkam, could you please post your dates? I am already into 16th month since my 485 is filed...
 
Vanakkam, I am in a similar situation

After i filed my i-140 my company changed its name, everything else remained the same (including Tax ID). My attorney advised that we should wait for 140 approval and file an amendment alongwith the 485. I have filed for my 485 in Jan2003 and have recd a LIN no for i40 and all 485 apps.

Will they wait for 140 approval to adjudicate EAD and AP? Is the i40 and 485 processing done in parallel or in sequence. Thanks
 
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