What is the Difference?

WAITING_MAN

Registered Users (C)
What is the difference between a company "Buy-Out/Merger" and "Spin-Off"? How will this affect the I-485 case? Any insight to this matter will be greatly appreciated. Thanks.
 
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A Buy/out is that your company is bought by another company, it\'s also called "Acquisition", then your company becomes a subsidiary of the parent company which is the one who buys your company, normally it means your company will change Tax-ID.

A merger is that your company merged with another company, it can either be that your company buys other company, or it\'s a pooling of interest.

A spin-off is that originally, your company is a part of the big company (parent), and for some reason the parent company believe it\'s not good for them to keep this part any more, so it eithers sells your company to another company or your company may pay the parent company to be independent.

As long as your company\'s tax ID changes, that means your company becomes another entity, you have to re-file I-140 according to INS, to prove that your company is a "successor in interest" of the previous company
 
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Thanks Smile for the explanation about this issue. I think our company was a spin-off because we are originally part of a big company and now we are back to being a small company. It took 1 1/2 years to get my I-140 case approved, do I have to go through that process again? And since most likely this is the RFE that the INS is requesting, do we have to wait for the I-140 approval before we should reply to the INS about the RFE? Anybody on the same situation? Please GURUS, I need your input. Thanks.

WAITING_MAN
 
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smile ,waiting_man and others,
my company is merger, does it mean we have tax id change, Merger means we have to do new 140 for new company
please send reply
 
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