hi all,
I am on H-1B and I have a EB2 priority date of 10/2004.
LCA, and I-140 filed by my employer are approved and the name of the petitioner on the approval notice is "XXXXXXXXX". My employer merged a year ago with a bigger university and so the name now is "YYYYYY" with a different tax ID #. This new name is reflected on my latest H-1B approval notice.
Now when its time to file for AOS. My legal consultant is advising me to ....
1. File I-485, AP, EAD with old I-140 approval notice. and
2. Also include, a new/re-file I-140 application, with a cover letter explaining that the petitioner has merged with a different company but all policies and procedures pertaining to the beneficiarys' employment remain the same.
The consultant says this is to play safe and will save time incase USCIS has a problem. Also that after July 31, the fees will be higher.
But, i am not sure and think that this would rather cause confusion and also what if the processing of AOS applications is based on approved vs. non-approved I-140 cases. Then i would have to wait till the new I-140 is approved, before I485 is processed, correct???? or will USCIS approve the I485 based on old I140???
Is this something that could be taken care off with a simple cover letter, plus some evidence of institutional merger????
Please help....... lawyer planning to file tomorrow!!!!
I am on H-1B and I have a EB2 priority date of 10/2004.
LCA, and I-140 filed by my employer are approved and the name of the petitioner on the approval notice is "XXXXXXXXX". My employer merged a year ago with a bigger university and so the name now is "YYYYYY" with a different tax ID #. This new name is reflected on my latest H-1B approval notice.
Now when its time to file for AOS. My legal consultant is advising me to ....
1. File I-485, AP, EAD with old I-140 approval notice. and
2. Also include, a new/re-file I-140 application, with a cover letter explaining that the petitioner has merged with a different company but all policies and procedures pertaining to the beneficiarys' employment remain the same.
The consultant says this is to play safe and will save time incase USCIS has a problem. Also that after July 31, the fees will be higher.
But, i am not sure and think that this would rather cause confusion and also what if the processing of AOS applications is based on approved vs. non-approved I-140 cases. Then i would have to wait till the new I-140 is approved, before I485 is processed, correct???? or will USCIS approve the I485 based on old I140???
Is this something that could be taken care off with a simple cover letter, plus some evidence of institutional merger????
Please help....... lawyer planning to file tomorrow!!!!