Rfe Question...

S

sp rao

Registered Users (C)
I have received RFE for employment letter and recent paystubs. But actually my company name changed after i filed
I-485. My attorney says, we just send these documents now. But what my question is INS can ask refile I-140
since my company name has changed. Any way they will find from my new employment letter, which i will send
now. My attorney says we can file I-140 when INS ask us. Is it better if i file I-140 now or wait untill INS ask meand then file..
Please some body give me direction.

Thanks
SS
 
No Title

In my case when I got my RFE, the lawyer said not to file a new I-140, but to wait to hear a response from INS. What INS looks for basically is to see whether the tax id # has changed.
Vijay
 
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I really disagree with you Vijay, INS doesn\'t look for the TAX ID, because the Company that i work for has just changed the name from X to Y and didn\'t change the TAX ID, but guess what i got a RFE to redo the I140, and though after i filed the I140 my lawyer still insisting that the INS is wrong about this!!!!!

Here is the most important Paragraph from the RFE that i got
"A memorandum from the Office of Operations at INS headquarters dated December 10,1993, entitled \'Amendment of Labor Certifications in I-140 Petitions\', states that in order to reaffirm the validity of the initial labor certification, the petitioning employer must file a new Form I-140 petition with the service if the petitioning firm has changed its name, been bought out, merged, or had a significant change in its ownership".

It’s up to you guys.
 
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Thanks for ur response guys. Vijay did you get approval for i-485 without filing I-140 or did you get RFE again for filing I-140.
My company just changed name, nobody bought or no merger involved.

Thanks
Sudha
 
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Even my lawyer is not ready to amend the I-140 for just company name change. He is saying as long as the TAX ID and the management people are it we don’t have do any thing.

In safer side I wanted to do I140 but my lawyer is not ready.

One of collogue approached another lawyer here is his explanation:

Good to hear from you. Is the change of name from abc to xyz just a
change of name or is a new company? If is just a change of name, and the company and Feredal tax ID # are the same, nothing should have to be done.
If it is a new company, we may have to file a new I-140. In any case, if there is a continuation of business activities and your position is basically the same, nothing drastic will happen with your "green card" process.

Let me know if you have any questions. I will be waiting to hear from you.

We are seeing different statements from each lawyer. Finally we are sufferers for every thing.
 
No Title

Can please post more details, What was the RFE and what did u reply for.

Cause I am in a similar situation it is just company name change.

Do we need do the 140 redo or wait for RFE. When did u apply for I485 and when your company name got changed. IS it after 180 days your company name got changed.

Please do share the info.

Thanks!
 
No Title

Vijay, could you post some more details about your case. Did your company name changed significantly, i mean some times
company name changes like adding INC. like that. So INS people won\'t notice that change. Inthat case it will pass thru with out r
redo I-140. Can you post what did you send to INS as reply for your RFE?
 
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subbu:
RFE was for continued employment with the company. The company drafted a letter saying that "we will continue to employ Vijay and his pay is ---- and his poistion is -----". INS also asked to submit 3 recent paystubs and last year\'s (1999) tax return. Our parent company was bought by another company and our division\'s name was changed three times. But since nothing happened to my position or to the company\'s tax ID, no I-140 Redo was requested.
Hope this helps
Vijay
 
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gkanti:
I would wait for the RFE and see what it is about. You may not get a RFE at all. The company name changed before 180 days after filing I-485.
Vijay
 
Could you all in this thread please post your current position? Did you get the approval? If so, how long did it take?

I am into 16th month of my I-485 received an RFE and refiled I140 due to company bankrupcty after filing my I485. RFe was for employment. Please post your current position and experience... Thanks a bunch.....
 
From_rep

What do you mean by refiling I140?
Does it mean that you have do the whole I-140 again?
Can you please post more details like how you do it and what
to do with it once you get refiling approved?

I have noticed recently that the company's taxid has changed
after filing my I485.After reading this thread it looks to me like
I have to refile I140.I know the best thing would be to contact
my lawyer. But you know how it works with these lawyers.
Any input will be greatly appreciated.I am just trying to get an
idea of what refiling means.

Thanks
Sept13
 
ND 10/2001
FP 03/2002.
RFE 01/03.

RFE is for employment verification and secodary evidence for BC. But, the most unfortunate thing is, INS sent an RFE after 15 months. I was working for company A, which went bankrupt and currently I am working for company B, which is the re-emerged new company. My job title, role, salary, location is all still the same. But, since the I-140 is under old company name, due to the change in Tax ID number, my lawyer is proceeding to file for I-140. Once I got the receipt notice for refiled I-140, they respond ed for the I-485 RFE with that.

Not sure if it is I-140 Amendment or 140 refiling. I am hoping for an approval for 140 ASAP and hoping for the subsequent approval of 485. God knows how long!

Will keep posted. As of now, the I140 was filed on Feb 10 2003 & RFE responded on Feb 25th 2003.

Hope that helps....
 
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