Is AC21 needed - 485 Pending - Company Acquired

[saji007]

Hi,

I have a pending EB2 485 filed in Dec 12, 2011, with a PD of Feb 2008. I am completing 180 days from 485 filing this week end. My EAD and AP were issued in Feb 2012.

I am working for a US employer.

Back in march 3-22-2012, Our parent company acquired a new company and moved our Unit (Around 100+ employees) into the new company. Pay Roll, Benefits every thing is processed by the intial company - Company A- till now. Eventually it will be moved to new Company, but they have not announced any date. I am the only one on H1-B in this unit, who is affected by this move. Both the original GC sponsering employer and the new company are with the Parent company. We report to the new company.

Now what are my options, do I have to file AC 21, (Payroll and benefits currently running through original employer- employer A- who filed my GC (PERM, I-140 and 485). Since payroll is currenly running through the original employer, is AC21 needed. I had an agreement to work 2 years after the GC approval with the original employer or reimburse the GC filing cost to the original employer.

I am travelling to India for a month Vaccation, will filing AC21 create any problem with the re-entry.

Thanks for your help