Please help me with companies partial merger

R

rajanCA

Registered Users (C)
Hi All, My 140, 485 notice date is Aug 28th 2003.
I received my EAD and waiting for the advance parole document(AS per online it is mailed on 01/06/2004).
I work for Company A which is selling all the assets to Company B, For some reasons company B don't want to take the whole company,
so it is buying our assets and a shell of company A will be around until 2005.
Basically company B don't want to take the liabilities which includes the contracts with company A's existing customers
Company B will provide some funds to A and there won't any full time employees or any other activities in A.
Because of my immigration issue, company B is giving me an option to stay with company A and work for B as a contractor OR Join the company B after 180 days of pending 140 and 485.
(I know that I need 140 approval to use AC21 but since company A is around and continue my 140, can I switch to company B)
Before talking to an attorney(usally our attorney confuses a lot), please let me know your comments.
 
It is a pity that B is not outright buying A in which case you could just file an amended 140 and 485, continue business as usual. The problem lies in the fact that working for B means quitting and joining a new company, which you cannot do as a 140 applicant without losing your AOS.

Now you might have to wait till your 140 is approved after which use AC21 to switch from B to A!

If you think your current lawyer is bad, you might just want to talk to a good one, even if it is just for a consultation. This is a pretty important decision, and you want to be the best informed person before making it.

Good luck and keep us informed!
 
To 140_takes_4ever

140_takes_4ever thanks for your reply. I will update you after discussing with the attorney.
FYI: I found the following posts:
Posted by al_paso:
I had a similar situation for my H1B. I was told by the company lawyer(old company) that H1B (like I-140) is the company's petition hence company asset and would be transferred via
successor-in-interest clause.
I think this should be the case with I-140 as well.
When you said "buying asset" it rang a bell and I wanted to share what I knew.
Please consult your lawyer for valid information.

posted by bajis
http://murthy.com/UDmaepis.html
 
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