Acquisition , 485 and H1

[krishmunn]

Looks like the company attorney is pushing me to a soup.
My 485 got filed in Jan. The company got acquired 4 months after that (not 180 days). I know that since my 485 is unadjudicated for over 180 days, I am eligible for AC21.

Meanwhile, I have travelled abroad using AP.

The attorney now filed H1 extension . I told him it is not required since a) my current H1 continues to be valid since it is Asset Acquisition AND b) I have EAD in worst case.

However, the attorney managed to convince my employer that it is "safe" to file a fresh H1. Filed H1 showing this as a new company since another employee wants to port to EB2 and use the experience in "old" company (he also filed H1 under Premium -- god knows why). Employer paid all ... attorney is happy minting money.


There is now an RFE on H1 to provide Offer Letter and last 3 paystubs. Both of these will show that the company was acquired 4 months after 485 AND (more important) I did not have a new H1 for this company till now (I have the old H1). Wondering if the attorney is causing more harm than good for me.

I also asked him if we should send a AC21 letter informing I am working for new company and he said send it only if there is an RFE (probably more money for him)

What would you guys suggest ? Changing Attorney is not an option since employer will not give Employment Verification Letter or any other document to me but to attorney directly.

Wondering if I should change the job and go AC21/EAD.

[nlssubbu]

Originally Posted by krishmunn

Looks like the company attorney is pushing me to a soup.
My 485 got filed in Jan. The company got acquired 4 months after that (not 180 days). I know that since my 485 is unadjudicated for over 180 days, I am eligible for AC21.

Meanwhile, I have travelled abroad using AP.

The attorney now filed H1 extension . I told him it is not required since a) my current H1 continues to be valid since it is Asset Acquisition AND b) I have EAD in worst case.

However, the attorney managed to convince my employer that it is "safe" to file a fresh H1. Filed H1 showing this as a new company since another employee wants to port to EB2 and use the experience in "old" company (he also filed H1 under Premium -- god knows why). Employer paid all ... attorney is happy minting money.


There is now an RFE on H1 to provide Offer Letter and last 3 paystubs. Both of these will show that the company was acquired 4 months after 485 AND (more important) I did not have a new H1 for this company till now (I have the old H1). Wondering if the attorney is causing more harm than good for me.

I also asked him if we should send a AC21 letter informing I am working for new company and he said send it only if there is an RFE (probably more money for him)

What would you guys suggest ? Changing Attorney is not an option since employer will not give Employment Verification Letter or any other document to me but to attorney directly.

Wondering if I should change the job and go AC21/EAD.

In my opinion, your attorney is playing safe and would like to provide alternate paths in case if you have any issues with I-485. Though this may cost some money for the company, what they are suggesting is the safest route possible as for as I-485 is concerned.

Did you also checked with your attorney to see are they planning to file a revised I-140 (successor in interest). I also think that refiling the H1B under the new company is a good thing to do to establish your connection with the new company.

I do not know much about another employee "port" to EB2 in your older company and need more details for any suggestions.

Let me know whether you got all questions answered?

Thanks

[krishmunn]

Thanks for the reply. I understand the Attorney is playing safe but per Cronin's memo, there was no need to apply for a new H1 just because of the acquisition. My old H1 (valid till mid 2013) is still good every after acquisition.

They did not file an amended 140 but I checked with several attorneys including Mr. Khanna and Ms Murthy and it seems that is fine now. though acquisition happened within 180 days of filing 485, but now , since 180 days has passed and it is not adjudicated, it is safe. That is per Ayte's memo. My biggest concern is why the Attorney is unneccessarily shaking the tree --- let CIS process the 485 and (hopefully) approve by early next year (while my current H1 is still valid)

[pappu]

Originally Posted by krishmunn

Looks like the company attorney is pushing me to a soup.
My 485 got filed in Jan. The company got acquired 4 months after that (not 180 days). I know that since my 485 is unadjudicated for over 180 days, I am eligible for AC21.

Meanwhile, I have travelled abroad using AP.

The attorney now filed H1 extension . I told him it is not required since a) my current H1 continues to be valid since it is Asset Acquisition AND b) I have EAD in worst case.

However, the attorney managed to convince my employer that it is "safe" to file a fresh H1. Filed H1 showing this as a new company since another employee wants to port to EB2 and use the experience in "old" company (he also filed H1 under Premium -- god knows why). Employer paid all ... attorney is happy minting money.


There is now an RFE on H1 to provide Offer Letter and last 3 paystubs. Both of these will show that the company was acquired 4 months after 485 AND (more important) I did not have a new H1 for this company till now (I have the old H1). Wondering if the attorney is causing more harm than good for me.

I also asked him if we should send a AC21 letter informing I am working for new company and he said send it only if there is an RFE (probably more money for him)

What would you guys suggest ? Changing Attorney is not an option since employer will not give Employment Verification Letter or any other document to me but to attorney directly.

Wondering if I should change the job and go AC21/EAD.

Why don't you talk to HR if you think attorney is not giving correct advice and is interested in minting money?

[simple.life]

i agree with nlssubbu.

your attorney is making money but its the right thing to do.

if your 485 is not adjudicated by mid 2013 then your status is on EAD? thats ok but not safest route.

its good to have h1 backup(s) at all times until GC in hand. good luck.

[krishmunn]

Originally Posted by pappu

Why don't you talk to HR if you think attorney is not giving correct advice and is interested in minting money?

Talked to HR . HR has no clue re immigration (just 2 out of 100+ employee on H1) . They just go blindly with what Attorney says. In fact, Attorney almost screwed up my GC and I had to intervene to get it fixed. Think this -- why any sensible attorney will go with Premium H1 during H1 extension ? While company is paying the cost, it sure will will reduce my bonus