Impact on I-140/I-485 by company acquisition

[unp]

Hello Gurus!

My I-140 was applied in early Feb 2003 and a late-concurrent I-1485 was applied in April 2004. My 180 days in I-485 have just been completed, but I-140 is still pending. (Current CSC dates indicate Dec 15, 2003 processing)

My problem is that my company could go thru an acquisition in as early a month and its possible that my I-140 is still not approved. So I had a few questions. Specifically,

1) Will I have to refile my I-140 after the takeover ? I have heard people refer to this as an I-140 ammendment ? If so how long does that take to process ?

2) Will my I-485 date be affected ?

3) What about the valididty of my EAD and Advance Parole ? I am thinking of travel on my Advance Parole in December

4) If I just get the I-140 approved in time before the actual date when my current company ceases to exists, will I be able to use AC-21 portability given at that point my 140 will be approved and its already more than 180 days on 485. Will that mean I will not need to worry and just wait for 485 approval, or will I still need to file something with USCIS?

Thank you in advance!

Umesh Priyaranjan

 

[lovy]

Hi Umesh,
I am working for a company A which has been acquired by company B. Company A applied for my labor which has been approved after acquisition and company B applied for my 140/485 in 08/03. I got an RFE on 09/28 for my 140 asking us to explain the relationship between company A & company B and modifed Form ETA 750, Part B.

All the best.
Lovy.

Hello Gurus!

My I-140 was applied in early Feb 2003 and a late-concurrent I-1485 was applied in April 2004. My 180 days in I-485 have just been completed, but I-140 is still pending. (Current CSC dates indicate Dec 15, 2003 processing)

My problem is that my company could go thru an acquisition in as early a month and its possible that my I-140 is still not approved. So I had a few questions. Specifically,

1) Will I have to refile my I-140 after the takeover ? I have heard people refer to this as an I-140 ammendment ? If so how long does that take to process ?

2) Will my I-485 date be affected ?

3) What about the valididty of my EAD and Advance Parole ? I am thinking of travel on my Advance Parole in December

4) If I just get the I-140 approved in time before the actual date when my current company ceases to exists, will I be able to use AC-21 portability given at that point my 140 will be approved and its already more than 180 days on 485. Will that mean I will not need to worry and just wait for 485 approval, or will I still need to file something with USCIS?

Thank you in advance!

Umesh Priyaranjan