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VSC Processing info from ISN\'s chatboard
- Thread starter srini123
- Start date
No Title
This is cool. If I read the last answer that IIO provided correctly, if
you are laid off, company name change, bought out, or spin-off which
is not instigated by myself then the I-485 process should continue and
we do not need to worry about filing I-140 redo???
As you can see I am worried about VSC asking me to redo I-140
because as of 2/1/01 my organization is spinning off.
This is cool. If I read the last answer that IIO provided correctly, if
you are laid off, company name change, bought out, or spin-off which
is not instigated by myself then the I-485 process should continue and
we do not need to worry about filing I-140 redo???
As you can see I am worried about VSC asking me to redo I-140
because as of 2/1/01 my organization is spinning off.
No Title
Sorry to ruin your thoughts..... but a spin-off where the name changes generally will trigger an I-140 redo. As per the lawyer I worked with, the cases that the company changes its name and what the INS thinks about it.
(1) Name change due to merger or acquisition - The new company either formed or the parent company has to show that they are taking over all the liabilities of the merged or acquired company (You are a liability). The way around.... a wholly owned subsidiary of the acquiror..... hence generally no name change e.g. IBM-Lotus (I do not work at either). Lotus still maintained the name and this did not trigger any flags at the INS.
(2) Name change due to spin-off - The same liability question appears and hence the I-140. Again, if the spin-off maintains the older name, such as Reynolds & Reynolds.
(3) Name change due to marketing - INS requires that you show that it is due to marketing reasons, and it is possible with some sort of affidavit. But this was not the case prior to December 15, 2000, and a number of cases appeared to have fallen into this category and INS ended up with a number of additional I-140 redo cases.
Sorry to ruin your thoughts..... but a spin-off where the name changes generally will trigger an I-140 redo. As per the lawyer I worked with, the cases that the company changes its name and what the INS thinks about it.
(1) Name change due to merger or acquisition - The new company either formed or the parent company has to show that they are taking over all the liabilities of the merged or acquired company (You are a liability). The way around.... a wholly owned subsidiary of the acquiror..... hence generally no name change e.g. IBM-Lotus (I do not work at either). Lotus still maintained the name and this did not trigger any flags at the INS.
(2) Name change due to spin-off - The same liability question appears and hence the I-140. Again, if the spin-off maintains the older name, such as Reynolds & Reynolds.
(3) Name change due to marketing - INS requires that you show that it is due to marketing reasons, and it is possible with some sort of affidavit. But this was not the case prior to December 15, 2000, and a number of cases appeared to have fallen into this category and INS ended up with a number of additional I-140 redo cases.