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what determines succeessor in interest?
- Thread starter sniyer
- Start date
No Title
What I am telling you is what I have heard so far as I landed in a similiar situation but luckily for me this happened after filing 485. Succesor mean the buying company bought assets and liabilities both and especially for a immigrant work force the immigration liabilities. In short the buying company says that it is business as usual for all employees that were acquired. INS has clear guidelines for H1-B continuation in this case but none in I-140 cases so they typically ask for a ammended I140 to be filed.
In post AC21 situation for people who have already filed 485 they can probably take relief under new law but if you have not file 485 then I suggest you take advice from a GOOD lawyer. I have even seen for some cases in my company where they filed the arugument as since INS allows the succesor in H1-B that they should accept the same in I-140 too. I don\'t know of anyone who have made it so far though.
All the best.
What I am telling you is what I have heard so far as I landed in a similiar situation but luckily for me this happened after filing 485. Succesor mean the buying company bought assets and liabilities both and especially for a immigrant work force the immigration liabilities. In short the buying company says that it is business as usual for all employees that were acquired. INS has clear guidelines for H1-B continuation in this case but none in I-140 cases so they typically ask for a ammended I140 to be filed.
In post AC21 situation for people who have already filed 485 they can probably take relief under new law but if you have not file 485 then I suggest you take advice from a GOOD lawyer. I have even seen for some cases in my company where they filed the arugument as since INS allows the succesor in H1-B that they should accept the same in I-140 too. I don\'t know of anyone who have made it so far though.
All the best.