Is it clear i need to file AC21 ?

I

I_want_gc_too

Registered Users (C)
Hi all., Thanks to Real_Canadian who is helping me out but confusion is still unclear.

Details:

My I140 is approved with title "software engineer" job title from company A. I485 is pending from 8 months. My company (A) merged with a big company B & they have only 4 major titles with over-bloating job descriptions for each title (job description is less than 30% same or similar to the one filed for my labor/I40 approval).

Questions:
(1) Should i file AC21 or shouldnt I file AC21 considering that the new company(B) has a new FedTaxID number & is a "Successor-In-Interest" to company A ? If i just wait for the RFE, should i say this is AC21 at that point ?

(2) Since I did not change companies willfully, would immigration treat it as the same or similar job if i produced merger documents at the time RFE gets issued ? Since there is only one RFE issued, should i state this is AC21 ?

(3) If company B does not assure me that they will issue a reference letter to the immigration stating that my title is "Software Engineer" & my job description is the same as labor approval, should i quit & try to find an other company that will do this for me ? Point being, I am getting ready for the RFE because once it is issued, I dont have time to search for an other company.

Please help.

Many thanks !
 
I_want_gc_too said:
(1) Should i file AC21 or shouldnt I file AC21 considering that the new company(B) has a new FedTaxID number & is a "Successor-In-Interest" to company A ? If i just wait for the RFE, should i say this is AC21 at that point ?
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Does the new description describe more duties than your original LC? As long as there is some reasonable overlap you should be OK.

For the RFE, my suggestion might be to take a two-pronged approach. First, argue the Successor in Interest. That is your best avenue of attack, because it means that AC21 doesn't come into play at all. If the new company bought 100% of the old company, it's SOI. If you can document that transaction somehow (you might want to consult with an attorney for 30 minutes on how to do this) you'll be good.

Then, you claim in your response that even if it doesn't meet the standards for SOI, you are invoking AC21 and it's "same or similar" provisions. This gives you a two-layer response that covers both bases at the same time.
 
RealCanadian, Thanks a lot for the advice. I think it is fair to assume then that It is better to stay with the merged company & try to work with them or my manager to issue me a letter that states the original description so i am ready for the RFE.

I wil try to update this thread as & when things change.
 
My company name changed 3 times (bought, merged, bought again) in the last 3 years (while my Labor, I-140 were pending). My title changed because of merger/acquisition and also because of promotion but I had absolutely no problem and according to the attorney all they have to file is "successor in interest" form. Currently my I-485 is pending (RD Apr 09, 2004).
Did you ever discuss your problem with your lawyer? I don't see anything for you to worry about.
-4drs
 
4drs, thanks ! I do not think there is enough guidance on the mergers at the 485 stage. I like RealCanadian's opinion to use persuation skills by showing merger document that this is the same job (problem here i think is there are no INA laws on mergers) or use AC21 by trying to aquire a reference employment letter with almost the same job description. I dont know if employment can be verified by my manager who is favorable to the cause rather than HR !

One thing i think is for sure: If the officer interprets the job description as dis-similar to the labor description, he is empowered to immediately deny the 485 which is my primary concern.

thanks !
 
AC 21 help needed..

My I 140 got approved and I 485 pending more than 180 days. Is it necessary to have copy of I 140 approval to file AC 21. Please help gurus
Thanks
 
4drs said:
My company name changed 3 times (bought, merged, bought again) in the last 3 years (while my Labor, I-140 were pending). My title changed because of merger/acquisition and also because of promotion but I had absolutely no problem and according to the attorney all they have to file is "successor in interest" form. Currently my I-485 is pending (RD Apr 09, 2004).
Did you ever discuss your problem with your lawyer? I don't see anything for you to worry about.
-4drs
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Pre AC-21 days success in interest was the only way. However since it requires amending your I-140 you might get in trouble. To stay out of trouble I would prefer using AC-21 to satisfy the job requirement.
 
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