Moving to Differnt Company I485 < 180days

J

jmr1

Registered Users (C)
I was working with Company A on H1B (which is about to expire).
My 140 was cleared through company A and I haven't yet completed 180 days after filing my 485.
Recently my company(A) was bought over by another company(B). Company B has another subsidary Company company(C). Company B is transfering all the employees of company A with
GC and EAD to company C.
Can companyB transfer me to company C with out the completion of the stipilated 180 days?Do i need to file 140 amendment?
 
1. I don't think yo have to amend 140.
2. If the company transfers you before 180 days. Just file AC21 after 180 days of filing 485. It is popularly belived(incl several successfule Approvals)- it would work out. The reason it works out is - BCIS does not know when you moved to new company- unless it specifically asks- it generally does not ask and you don't have to mention it in your AC21 letter.
From a leagl prespective- you are not changing jobs- quitting/fired - so BCIS looks at that favourably.
HTH
 
Originally posted by jmr1
I was working with Company A on H1B (which is about to expire).
My 140 was cleared through company A and I haven't yet completed 180 days after filing my 485.
Recently my company(A) was bought over by another company(B). Company B has another subsidary Company company(C). Company B is transfering all the employees of company A with
GC and EAD to company C.
Can companyB transfer me to company C with out the completion of the stipilated 180 days?Do i need to file 140 amendment?
Click to expand...


If the original company and the one you are going to have different FEDERAL TAX IDs, then you need to file an amendment to the I-140 which is another I-140 really. This is the law OR

you can just do as others suggest. You may infact get the GC without doing anything but you should know that CIS has the upper hand from now, possible RFE, the GC to Citizenship...

Even if another I-140 is not really needed, a letter may be: See following link for some self-evaluation.

http://murthy.com/UDmaepis.html
 
Last edited by a moderator:
When a friend of mine was working for a company which spun off a division as a seperate unit they gave him a letter which said the new company was a spin off and filed before the spin off is valid. Som ekind of legal letter. See if you can get some thing like that it will be nice to have.

Regards,

PRASUKEER
 
That was a good link by cinta.
In any case it stated that .....the INS will allow the process to continue, without the requirement of having to start the process over....

So you just have to explain the merger/aquisition etc. So jmr1 you should be good.

HTH
 
You must log in or register to reply here.
Top