IMPACT OF new LAW S.2045 on I-140 REDO

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vsc0813

Registered Users (C)
Hi folks:

      As you all know with S.2045 a person can change jobs 180 days after applying for I-485, do you think INS will go easy on I-140 REDO. Do you think INS will approve I-485 application without refiling I-140 with new company name for applicants who has Comapany name change or merger.
 
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I belive the new bill makes the issue of redoing the I-140 in case of company name changes and M&As (or for that matter even in cases where yje petitioner has switched companies) moot, as long as the I-485 petition has been pending with INS for over 180 days. The big question is when will guidelines to this effect be disseminated to the examiners, because absent new guidelines the examiners will continue to adjudicate using their earlier guidelines, and we know what the decision is based on old guidelines.
 
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My perception of this is slightly different ...

I think \'legalizing change of employment\' and \'reduction in paperwork\' are two different ball games.

If INS is sensible then it should use this law to come up with guidelines which lead to reduction in paperwork (i.e. no I-140 redo) and instead concentrate on clearing backlogs.

If INS is carried by its bureaucratic fervour, essentially insisting on proper and complete paperwork, then we might see I-140 redo\'s left, right and center.

Sadly, the various service centers within INS are not consistent amongst themselves. So, while VSC issues I-140 redo\'s like distributing candy on halloween, other service centers have been using the ostrich algorithm ...

like any of us here on these message boards, i\'d prefer that INS be more practical, ...and I hope that is not just another wishful thinking on my part.
 
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Don\'t forget that INS collects $115 for each I-140 redo. They are always broke and its a win-win for them.
 
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vsc0813,

Aqualung is right.

The INS left and right comes up with new procedures all the time, the I140 redo on company change is one, EB2 progressive was another. They go on until somebody challenges it in the court of law.

How S2045 is going to change the scenario on 140 redo on company name chane and such, bu the question of how will depend on the expected INS memo on the law, God knows when!

INS may ask for a new 140, may be only on a case by case basis. Which personally I don\'t mind, if they follow the expedited processing and keep the I485 alive. But my guess is that a good percentage of us will take advanatge of S2045,including me, and things could become messy until somebody callenges it in the court.

Once we change job INS can very well ask for documentation to prove the new job satisfies the criteria as per S2045, but whether this is going going to be the case may depend on the the new President and the changes he may bring in.
 
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