My company is acquired by another company. UN, ginnu and other experts please help.

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baby_mde

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UN, Ginnu and other experts; please help.

When I am with company A my I-140 is approved and I-485 is pending more than 180 days. I have valid EAD and Advanced Parole until Dec 2007. Please note that these EAD and Advance Parole were applied when I am with company A.

Recently my company is acquired by a company B. I understand that the new company will apply AC21 and amend the H1B.

We are planning to visit my parents in March 2007. We would like to use Advance Parole to enter into the US.

I heard that, after approval of Advanced Parole, my status changes to Parolee. Because of the acquisition new company is applying H1B. After H1B approval, my status changes from Parolee to H1B.

In this situation can I use present Advance Parole, which was approved when I am with company A, to enter into the US?

Please, post your experience
 
i am planning to switch employers after using AP....(H1 transfer).

its an unique thing and i have not got any opinion so far about it.

in your case....AP is not linked to the company....its to your AOS...hence you can use AP even if it is for company A

but your H1 needs to be Transferred from Company A to company B......and even though the cronin memo mentions about H1 extension after using AP.....it does not talk about H1 Transfer........that you will have to clarify with some attorney...

i am waiting on reponse and will let you know..........you do the same if you come to know the answer.

---------
**i am assuming you are currently using H1b to work even though you have EAD
**any idea when Company B will apply for H1b transfer??
 
Last edited by a moderator:
techy2468 said:
i am planning to switch employers after using AP....(H1 transfer).

its an unique thing and i have not got any opinion so far about it.

in your case....AP is not linked to the company....its to your AOS...hence you can use AP even if it is for company A

but your H1 needs to be Transferred from Company A to company B......and even though the cronin memo mentions about H1 extension after using AP.....it does not talk about H1 Transfer........that you will have to clarify with some attorney...

i am waiting on reponse and will let you know..........you do the same if you come to know the answer.

---------
**i am assuming you are currently using H1b to work even though you have EAD
------- Primary appliacnt on H1B and spouse is working EAD
**any idea when Company B will apply for H1b transfer??
Click to expand...
------ I am not sure. The new company has immigartion attorney and
apperently he does not like immigrants.
 
I am going through the same situation as yours

GotPR? said:
No H1 transfer or amendment of LCA is required in case of merger/acquisition if acquiring entity takes all the interest of acquired entity.
This is published as memo from legacy INS.

http://www.uscis.gov/files/pressrelease/ChangesH-1BProgram_112100.pdf
Click to expand...

Hi,

My company is also acquired by another company and my I-485 is already filed with USCIS. The attorney gave two options:

1. Use AC-21 to change details from old company to new company
2. Use succession in interest (i.e. file a revised I-140 with the new company name). This will not affect the process of existing I-485 any way.

I took the second option and recently submitted by EAD/ AP renewals and also my H1 & H4 renewals as well. I got my EAD / AP approved and awaiting for H1 renewal with the new company. My revisied I-140 is still pending with USCIS.
 
I have Advance Parole, which was approved before acquisition. Is this Advance Parole still valid after the acquisition??
 
unitednations said:
Yes, it is still valid. As long as 485 is pending then collateral applications like ead/ap are valid.
Click to expand...
Because of the acquisition, using an Advance Parole has any impact on H1 transfer to new company??
 
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