Transfer of Green Card Process Question

N

nsrivast007

New Member
Hi all,

I work for Company A that is being bought out by Company B. I have concurrently filed (EB3) my I140/I485 with a notice date of Feb 23, 2004. I still have not got my 140 approval. The complete takeover of my company should be completed by the end of the year. I am anticipating an offer letter from Company B with the same job description as in Company A. In this situation I have heard, all that will be needed to get done is that the H1B petition has to be changed from Company A to Company B and Company B will have to file new applications for I-40, I-485 but will have the same priority date like the old one.

Is this true or am I missing something?

Thanks.
 
nsrivast007 said:
Hi all,

I work for Company A that is being bought out by Company B. I have concurrently filed (EB3) my I140/I485 with a notice date of Feb 23, 2004.
------ if you get your I-140 approved then you will hit 180 for I-485 pending in September(count the date from I-485 filing reciept) once I-140 gets approved AND I-485 is pending more than 180 and you can get future permanent job offer letter from new company then you CAN use AC21. at this time you are NOT eligible to use AC21,Pray for I-140 approval.
I still have not got my 140 approval. The complete takeover of my company should be completed by the end of the year.
----- It seems your I-140 may get before that
I am anticipating an offer letter from Company B with the same job description as in Company A. In this situation I have heard, all that will be needed to get done is that the H1B petition has to be changed from Company A to Company B and Company B will have to file new applications for I-40, I-485 but will have the same priority date like the old one.
-------- your new employer can file H1 to H1 transfer and you can join once you get reciept of H1 transfer filing, no need to file again I-140 and I-485 ( if you get your earlier I-140 APPROVED) you can use AC21
Is this true or am I missing something?
---- yes you were missing something.

**** if the new company is taking over including all the immigration liablites then nothing needs to be done it all depends how the company is going to mearge with new company , you can talk to your company lawyer or new company or new company lawyer
Thanks.
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Hi Ginnu,

Thanks for your reply. Do you know if there is an article/memo somewhere where this particular situation is explained.

Thanks.
 
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