My case had Intent to Deny - I have a question

K

kamal9

New Member
Hi Folks,
 I go tan Intent to Deny asking for I140 -Redo due to company merger. I filed I140 -redo. Any idea how many days does it take to approve such I140\'s. Do they approve the I140 or they approve the I485 directly . My case is becoming current in April but till today the I140 Redo has not been approved. Anyone who went thru th eprocess or in th eprocess can update me . By th eway I sent my I140 redo on Feb 12th.

Thanks
 
No Title

Hi Kamal
Is it required to redo the I140 for a merger? What did your attorney say in this regard?

Actually my company also merged recently. I got the impression from my attorney that it will not matter as long as you are in the same location and same position.
Can you please contact my personal email(mislam77@yahoo.com)?

---Kamrul
 
No Title

Yes. I have the same position and location for the last 4 years. As long as the Tax Id has changed that what they say. It depends on the examiner also. Well I personally know a couple of my friends from same company got the same.
 
No Title

There are three reasons why it can be a problem:
1. If you get your FP after the sale, the employment verification letter will have the name of the new company.
2. If other people from your company do the I140 redo and the immigration officer finds out. This is quite remote.
3. INS, especially NSC, is insisting on I140 redo even for a name change with no changes in company tax ID which was the earlier benchmark.

On the other hand, if INS interprets AC21 in line with the language of the bill, it will not matter because after the merger you will be in the same industry and similar position as the one stated in 140 because you are in the same position.

The tradeoff lies in the $500-600 you will have to shell out to do the redo. If your company is not doing the redos as part of the merger, you will also have a tough time getting info needed to do the redo. You need things like letters from the acquiring company, purchase agreement establishing the successor-in-interest status etc. I am presently preparing the documents because I want every inch of my ass covered when my file comes up for review.
Hope this helps.
 
No Title

Hi Kamal
Thanks for sharing your valuable experience. I have one more query . Did you sent your employment letter on new company letter head with yellow form (during FL)? In other words, did your employment letter was from two different company names --one during I-485 application and the other during P.

Again thanks ---- Kamrul
 
No Title

in response to kamal9\'s question, my company went thru a merger about 7 months ago. i checked with my attorney and i was told that as long as the new company is a successor in interest and the company that continues to employ me keeps the same name and tax id as before i should be fine and that my case should go thru. i have already been fingerprinted and have sent a letter of employment (note that the company name is the same as the one before the merger. our company continued to keep the same name and tax - id). it has been 2 months since i did this and am keeping my fingers crossed.
 
No Title

santhosh,
i think, you will be in good shape to get approval, because tax id didn\'t change, that\'s what I can say ... as a friend.
 
No Title

If the employer Id # is the same after merger then redo is not required, if it is different then it is required. My company recently went through a merger and the lawyer has conveyed this to us. Ihope it helps.
 
No Title

Probably I will have the same problem, AM tells me that a letter of intent to deny this case has been sent to me. Though I have not received yet. But it could be very much same. Please tell me where do we have to apply for I-140 Redo? Is it at SC or labor depot. at Chicano?? And how long it takes to get approval?? Do we also have to reapply for I-485 as well?? Please reply soon. It is very upsetting. In fact my son will turn 21 years age this August and I wanted it to be done as soon as possible.

Regards

Vi jay Sinha
 
No Title

Vijay,
The process is actually quite simple and since you have been issued an intent to deny, NSC will expedite the processing of your redo. You have to file the I140 again to the same service center where you applied initially. The process is the same as applying for the first time, only you need additional information to prove successor of interest. Call up your lawyer ASAP to get the process started. Also go talk to your HR people because they will have to collect additional information for you. Read my post above for an idea of additional info needed.
 
No Title

Ssajjan,
Thanks, and I appreciate your quickest response. I\'ll contact my Lawyer on Monday. Hope to receive letter today. Do you know if there is a separate application for "I 140 Redo" ? How long it takes to complete such process and will they automatically consider my existing 485 application or do I have to reapply? In fact, my lawyer had submitted additional information to prove successor of interest. However, I have to rush and collect all the relevant papers you mentioned in your post above. Hey, thanks once again.

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