RIR Labor Approved

[GCChaahiye]

Hi,

This is the case of my friend:

He is currently working for Company A as a software consultant.
His RIR labor has just got approved and his I-140 and I-485 have NOT yet been filed.


Company A is being taken over by Company B.

Situation A

Company B says, it will lay off all the employees of Company A and then rehire in the name of Company B.

1. What will happen to the Labor approved thru Company A?

2. Can this approval be used by Company B?

3. Would AC 21 be applicable in anyway?

4. Can my friend use this approved Labor and file his I-140 and
I-485 on his own( at his own expense) with the help of an outside attorney?

5. What are the options?


Situation B

Company A files immediately the I-140 and I-485 and ONE month AFTER this, Company B takes over and Situation A gets repeated.


Thanks

 

[gp111]

Best thing is to contact Immigration attorney Immediately..

As per my little knowledge I got from this thread is..

It is possible to use A's labor & file I-140/485 by drafting application as the company has been taken over by B. ( Because anyway LC if for future Job, Company B can show that we want the Person in furuter for the same work as we Own "A" now.)

AC-21 will not be helpful as it is only applicable after 180 days of I-485.

I-140/I-485 can not be applied on your own, Only Employer can file this.

If you file I-140 now & then take over happens, Your attorney just needs inform INS that A has been taken over by B but B still wants to continue this application.. that's it.

 

[GCChaahiye]

Sorry for the confusion.

By filing 140 and 485 on his own, I meant after he joins Company B.

After doing so, can he, thru this new company, use the approved RIR of company A and hire an attorney and pay all the expenses from his pocket?(obviously Company B would not mind if the candidate pay all the fee).

 

[lca_001]

Removed my post...

Originally posted by GCChaahiye
Sorry for the confusion.

By filing 140 and 485 on his own, I meant after he joins Company B.

After doing so, can he, thru this new company, use the approved RIR of company A and hire an attorney and pay all the expenses from his pocket?(obviously Company B would not mind if the candidate pay all the fee).

 

[gp111]

GCChaahiye

Yep It can be done. Just need to submit documents of Take Over of A by B while you file for I-140

 

[Jharkhandi]

If it is aquisition - your friend may file 140/485 thru company B. If it is merger then it depends on many factors and he may or may not be able to file.

He/She cannot use AC21 as explained by gp111.

Also try to find out if company A is going bankrupt. Lots of people have suffered that way. Later they realized that it not a merger or aquisition really. I know of a company 'X' which was taken over by 'Y'. In reality 'X' went bankrupt and employees were told that 'Y' is aquiring it. 'Y' is owned by wife of the owner of 'X'.

I-140 and I-485 is out of question on his own till he/she joins 'B'. Even if it is all clear he/she is likely to get question on why was he/she let off even if it is case of aquisition.