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  #1 (permalink)  
Old 03-05-2010, 09:09 PM
Junior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/07/2007
Compare
Join Date: Sep 2006
Posts: 14
ashatara78 is on a distinguished road
Default Should this need AC-21?

Hi

My I-485 was filed in July 2007 with approved I-140.

I work for an employer A. It recently changed its name to B. I got an email from the lawyer today that they need to file an AOS with AC-21 for me. It sounds like standard procedure but why should this need AOS at all?

I don't know what they are doing for people who do not qualify for AC-21.

I am concerned because AC-21 usually triggers more scrutiny and I don't want to disturb an application that has been very smooth so far.

Thanks in advance
Asha
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  #2 (permalink)  
Old 03-06-2010, 11:20 AM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

I believe your lawyer is right in saying that you need AC21 (to be safe). However, you do not need new AOS (new 485).

When company changes names or gets acquired there are two ways of dealing with it:

1. You have to show that new company is "successor in interest" (search this word on this forum and you will find a lot of details) and then ammend I140 with that info.

2. Use AC21

In cases where a person is eligible for AC21 (which sounds to be the case with you), option 2 is the easiest and safest as it does not reopen I140 and put everything in jeopardy.

So I think, your lawyer is giving you right advise.

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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