Urgent Transfer to AC140 questions

A

ashooash

Registered Users (C)
Hi!,

I have a quick questions for which I need advice from the experts. I am currently applied for GC as AOS ( applied in May 02)at the Texas service center. My AOS was filed under Company A and after 7 months, my company got acquired by Company B. No location or job or salary changes ( just the employer change). I wanted to change my process from AOS to AC140 CP. Will the fact that my original 140 was approved under Company A be an issue for CP interview or a possible cause for rejection? Should I not go for AC140 CP? Is there a way to resolve this possible issue? Any advise from the gurus will be greatly appreciated.

Also if you get rejected in CP interview, do they stamp anything on you passport?

Also under AC140 my lawyer tell me that you undergo dual processing. He is a new lawyer and does not have my file and my old lawyer does not seem to have time to answer my questions.

Thanks
 
Raju and other gurus please help!!!!

Please help with my questions above. My HR person is saying that since I moved to Company B after completing more than 7 months in Aos, i should just say it is new employer and not do an aquisition thing at all....are there any issues with that. Please help!!!!
 
If I understand you correctly,

Your Labor and I140 are approved for a job sponsored by Company A- which has been acquired by Company B since. If you opt for CP thru AC140, you don't have INS' blessing to work for Company B with GC. You will need letters and news clippings, financial statements and possibly tax statements to reflect this acquisition in addition to the standard employment letter. To be safer, you could try and get a second I140 approved under the new company's sponsorship or try to get the I140 amended to reflect the name change. Since you have already spent 7 months in AOs and since CP under AC140 will take some time as well, you may also consider waiting it out with AOS.

When you talk of CP rejection, there are 2 scenarios.
a) Your home consulate declines to consider your AC140 appln. This will not be a problem- your AOS will continue.
b) Your CP gets rejected for fraud or other reason; You will not be allowed to return to US in most cases.

Good luck.;)
 
big issue- anwer please rajeev/ other gurus

I missed the reply to this....

In the meantime, my lawyer said that since with AC140, I will have dual processing, I can still work on EAD and try AC140 CP.

He has already sent my i-824. He also said that since my i-140 was approved under Company A, I could send a company B (change employer) letter informing INS and get a letter from Company A saying that it still has a job for me in future matching my LC. ( Company B is a privately held company and does not wish to give merger documents). He also said that if I was refused for some reason, I can still travel back on my AP, since AOs will still be processing in parallel. and we will withdraw the I824 and it should be all fine. worst case scenario, we may do the H1 for me ( since i still have about 1-1 1/2 year left). I am afraid after reading your response, I am not doing anything wrong, however I do not know the consulate officers mind. Please advice. :confused:
 
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