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View Full Version : Company acquisition/mergers and impact on greencard: all questions and discussions


logiclife
04-26-2007, 07:46 PM
Hi,

My 140 is approved under EB3 (India) and PD is Sept 2004.

My company is a public company that manufactures phone and communications equipment and it may be acquired by a another similar company in July. I just learned this news.

If that transaction goes thru what would happen?

1) If the names of both companies remain same and the other company merely owns my company? Do I have to restart my GC process...or not?

2) If my company's name is changed to a new name or it becomes the same as new company name, would it affect my GC process, would I have to start over with the whole thing under the new company?

3) What if the name changes and the employer ID (taxpayer ID) remains the same? Or if vice-versa.

4) If the name changes and if I have to refile, can I transfer PD? I guess I can but still.

5) Would my existing H1 have to be amended to reflect the new company name?

Any input would be helpful.

This news really sucks.

Thanks.

nlssubbu
04-26-2007, 07:56 PM
Hi,

My 140 is approved under EB3 (India) and PD is Sept 2004.

My company is a public company that manufactures phone and communications equipment and it may be acquired by a another similar company in July. I just learned this news.

If that transaction goes thru what would happen?

1) If the names of both companies remain same and the other company merely owns my company? Do I have to restart my GC process...or not?
It is not needed to restart your GC process again no matter whether the company name changed or not.

2) If my company's name is changed to a new name or it becomes the same as new company name, would it affect my GC process, would I have to start over with the whole thing under the new company?
A new I-140 has to be filed with the new company name

3) What if the name changes and the employer ID (taxpayer ID) remains the same? Or if vice-versa.
I think the attornies will still advice to file a new I-140
4) If the name changes and if I have to refile, can I transfer PD? I guess I can but still.
Yes you can transfer your PD without any problem
5) Would my existing H1 have to be amended to reflect the new company name?
Your existing H1 can still continue with the same old name. When it is up for renewal, it will be with the new company name
Any input would be helpful.

This news really sucks.

Thanks.

I am not an attorney and please consult with one before taking any decision

rameshms
04-26-2007, 07:58 PM
I am in the same situation too. My consulting firm is being taken over (merger) by a larger firm. We had a meeting with the new management folks and I posed the question about the pending GC applications. I was told that in such scenarios, the new company would assume the legal rights to the applications, by virtue off certain business clauses that are standard (during mergers/takeovers). I was informed that such a scenario had occurred previously and the pending GC applications continued their normal course. He also stated that the newer company would need provide a letter to the USCIS stating such a merger/takeover had occurred.

Fingers crossed. Hopefully we should be okay. I don't how accurate this information. I am quoting what was said to me.

monktrusts
04-26-2007, 08:54 PM
Hi

I went through the same last year, we were a generally respected midsize consulting firm that got bought by a all-time biggy's. And none of us had to re-start GC processes. Due to recent corporate mergers, there was an amendment (or sort) made so that the new buying company is treated as successor-in-interest and as long as they are ready to honor the salaries/positions/designations etc; there really should not be a problem.

We are however consulting firm and consultants are the assests in that case who automatically get transferred to the buying firm but in your case It could(I am really not sure) be a lil different as you are a mfg firm.

Hope this article will be useful..talks about H1B's but it does throw some light on the same issue as we are discussing here.

http://www.usvisanews.com/articles/memo627.shtml

hebron
04-26-2007, 11:40 PM
Almost the same situation. My company has changed owners, but the name of the company is the same, same department structures, same job description, same salary etc... Would like to know if this would affect my GC process. My labor and I-140 has been approved. Also would this affect my H1-B? I am on 7-th year H1-B and will be applying for 3 year extension in June 2007 based on my approved I-140. Any thoughts??

Thanks!

dilbert_cal
04-27-2007, 02:35 AM
I've been through this situation end 2004. We learnt of Company 'B' buying our company. We had a meeting with HR and lawyers and basically it was useless. Every question was answered with "it depends". Finally found out that the depends is actually a keyword called "Sucessor in interest". Since the entire company was bought ( including assets and liabilities ), it was considered to be a continuation from GC perspective.

Hi,

My 140 is approved under EB3 (India) and PD is Sept 2004.

My company is a public company that manufactures phone and communications equipment and it may be acquired by a another similar company in July. I just learned this news.

If that transaction goes thru what would happen?

1) If the names of both companies remain same and the other company merely owns my company? Do I have to restart my GC process...or not?

Name will not matter. What will matter is - will your job location continue to be the same ? sometimes after such events, even though you keep your job, job location may change , so that will be another thing to watch out for -
will it be a successor in interest scenario ?

2) If my company's name is changed to a new name or it becomes the same as new company name, would it affect my GC process, would I have to start over with the whole thing under the new company?
My company's name has changed - no impact on GC - my work location has moved too - luckily instead of moving states :-) - we just moved a mile - so no impact on GC.

3) What if the name changes and the employer ID (taxpayer ID) remains the same? Or if vice-versa.
Both have changed in my case - no impact -

4) If the name changes and if I have to refile, can I transfer PD? I guess I can but still.
If I were you, besides the nitty gritties of successor in interest or not stuff, I'd work on how to save my PD. Since your I-140 is approved, try to get a copy of it - if you lose your job or have to move to another company for whatever reasons, having a copy of your approved I-140 will allow you to port your PD and not lose your current PD. If a Bill passes by August, PD may not matter anymore but still be prepared for the worst.
Also, if only your job location changes in the new company, they can carry over your PD by filing a new PERM, and then using old I140 to transfer PD.
5) Would my existing H1 have to be amended to reflect the new company name?
My previous company's lawyer and the new company's lawyer had different answers - one said it needs to be changed immediately ( new lawyer ) and other said it need not be changed as long as the company can provide supporting documentation , if required. Also, whenever we would file our extension, then we can do the change.
This was what we were told. Really what hapenned was my H1 got filed almost three months after the buyout and wasnt an issue.

Any input would be helpful.

This news really sucks.

Thanks.

You are in a much better and safer place right now - we ( we were a couple of folks in the same boat when we learnt about the buyout ) were waiting for 2002 labors to get approved and all of us had our sixth year ending in 2006 - buyout was early 2006 - once you get a copy of your approved I-140, you have done everything you can do to save the PD - the rest - no one will be able to give you the answers until the buyout is over. Also, since a buyout/merger is still not announced, lets say if it is announced in June/July of this year, it will take another 3-6 months for it to really happen. So you do have quite some time - now only if the Bill passes fast and we all can start our six month clock on 485 :-)

amo76
04-27-2007, 08:54 AM
I'm in the same boat as you are. I'm about to file I-485 and trying to figure out whether to file an amended I-140 concurrently with I-485 or just file I-485 and include a letter from the company confirming successorship in interest.

If anybody done that successfully before and has an example of the letter, could you share it with the community?

Would USCIS ask for a merger agreement or does it depends on a case?

Good luck!

logiclife
04-27-2007, 12:34 PM
I've been through this situation end 2004. We learnt of Company 'B' buying our company. We had a meeting with HR and lawyers and basically it was useless. Every question was answered with "it depends". Finally found out that the depends is actually a keyword called "Sucessor in interest". Since the entire company was bought ( including assets and liabilities ), it was considered to be a continuation from GC perspective.



You are in a much better and safer place right now - we ( we were a couple of folks in the same boat when we learnt about the buyout ) were waiting for 2002 labors to get approved and all of us had our sixth year ending in 2006 - buyout was early 2006 - once you get a copy of your approved I-140, you have done everything you can do to save the PD - the rest - no one will be able to give you the answers until the buyout is over. Also, since a buyout/merger is still not announced, lets say if it is announced in June/July of this year, it will take another 3-6 months for it to really happen. So you do have quite some time - now only if the Bill passes fast and we all can start our six month clock on 485 :-)


Its actually announced. The board of directors of both companies have approved the acquisition and the regulatory approvals will end in July. This is all public information as of last evening.

I dont think I can file 485 before July 2007 because the best case scanario would mean that House will pass CIR in June-July...which comes pretty close to the whole acquistion event.

I google searched "Successor in Interest" and found out that my 140 may be ok and need to put extra paperwork with 485 filing that the new company still offers the job for which my GC was filed and it is the "Successor in interest" of all assets/liabilities, including my GC file.

After that, most likely USCIS will let the 485 go forward. If it doesnt like the documentation or if its dissatisfied with the evidence, then it would ask the company to file 140 again with the new company name.

So that's it I guess. Best case scenario, 485 can be filed with little extra paperwork about the acquistion. Worst case scenario, 140 may have to be filed and approved again with new company credentials.

logiclife
04-27-2007, 12:37 PM
Sincere thanks to everyone who posted their experience and knowledge on this thread and also sent me PMs. Really appreciate your help.

I guess I'll now wait and see in July how the acquisition goes and what clauses apply and accordingly, I will have to act in July-August.

Until then, back to work.

nb_des
04-27-2007, 02:38 PM
Refer the following URL for details
http://www.visalaw.com/05mar1/2mar105.html

clockwork
05-13-2007, 11:49 AM
Hi All,
My I-140 got approved with company A. Later company A got merged with company B. The merged entity is called with company name 'company B'. What will happen to my approved I-140? Can i use it to apply for I-485? My lawyer advised to apply for another I-140 with the new company name (company B)? Does anyone have any experience with this scenario? Thanks for your response. - clock work

uppu1977
05-13-2007, 12:09 PM
Hi Buddy,

My I-140 got approved in jan 2007 and in Feb 2007, my company got bought out by another company. The name of the company has changed.

As there is no change in the job profile & location of the employment there is no need to amendment the H1-B or any other non immigrant status.

As far as the immigration visa is concerned, the I-140 has to amended by filing a new I-140 & attaching a copy of the labor certification (approved for the company A) and a copy of the approved I-140 along with the copy of the certificate issued by the secertary of state inidcating the change of name of the employer and the revised EIN# from IRS.

USCIS does not allow premium processing for such cases as they have to get an official copy from labor department confirming the authenticity of the labor certification submitted by your lawyer.

I have filed my amendment in Feb 2007 at TSC and I am waiting for an approval on the case.

Without this approval yo may be available to file I-485 if you belong to a non retrogessed immigration visa category but the adjustment of status ill not be approved till you get the approval on the I-140 amendment. In the meanwhile, interim benefits like EAD & travel document can be availed.

kasanski33
05-13-2007, 12:41 PM
As far as I know in case of an acquisition you do not have to refile the I140, max what your lawyers would have to do is send details of the acquisition when filing 485, but in your case its a merger ask your lawyer if the merged company will be the successor to all assets and liabilities of the old companies, if thats the case I don't think you will have to file I 140 again.

clockwork
05-13-2007, 12:49 PM
Hi Kasanski33, uppu1977,
Thanks for your response. My lawyer is advising for amendment. My PD is April 2003 EB-2. I am worried that if i apply for amendment, I may miss the I-485 boat which was speculated to move in the next couple of months.

Yes. The merged company takes over all assets and liabilities completely. If you guys know any lawyer who can do this, please send me a private message. Thanks and appreciate your help. - Kumaresh

kasanski33
05-14-2007, 11:42 AM
I had the same issue my company got accquired by a Fortune 20 this Jan I have an approved I140 and am waiting to file my 485. When I asked my lawyer if this would affect my GC process this is what the said.

ABC,

As we understand the transaction, XYZ remained a functional entity so your immigrant petition remains on track. The change of ownership of XYZ should not be an issue.

Regards,
LMN

Basically try to find out if the old company still remains as a functional entity in most cases it generally does at least for a period of time such as a couple of years. if thats the case then you should be OK.

kshitijnt
05-14-2007, 08:16 PM
This is a perfect response. My company was acquired by another one, we followed the same process for everything below

Hi,

My 140 is approved under EB3 (India) and PD is Sept 2004.

My company is a public company that manufactures phone and communications equipment and it may be acquired by a another similar company in July. I just learned this news.

If that transaction goes thru what would happen?

1) If the names of both companies remain same and the other company merely owns my company? Do I have to restart my GC process...or not?
It is not needed to restart your GC process again no matter whether the company name changed or not.

2) If my company's name is changed to a new name or it becomes the same as new company name, would it affect my GC process, would I have to start over with the whole thing under the new company?
A new I-140 has to be filed with the new company name

3) What if the name changes and the employer ID (taxpayer ID) remains the same? Or if vice-versa.
I think the attornies will still advice to file a new I-140
4) If the name changes and if I have to refile, can I transfer PD? I guess I can but still.
Yes you can transfer your PD without any problem
5) Would my existing H1 have to be amended to reflect the new company name?
Your existing H1 can still continue with the same old name. When it is up for renewal, it will be with the new company name
Any input would be helpful.

This news really sucks.

Thanks.

I am not an attorney and please consult with one before taking any decision

Billo
05-25-2007, 02:42 PM
Could you provide more details on this issue?
I am having I-140 approved (Approved in Jan 2006) and now ready to file I-485. Company sold out Nov 2006.

Just giving information about successor-in-interest is sufficient or should I have to consider re-file of I-140 or amendment?

Please reply asap

Hi

I went through the same last year, we were a generally respected midsize consulting firm that got bought by a all-time biggy's. And none of us had to re-start GC processes. Due to recent corporate mergers, there was an amendment (or sort) made so that the new buying company is treated as successor-in-interest and as long as they are ready to honor the salaries/positions/designations etc; there really should not be a problem.

We are however consulting firm and consultants are the assests in that case who automatically get transferred to the buying firm but in your case It could(I am really not sure) be a lil different as you are a mfg firm.

Hope this article will be useful..talks about H1B's but it does throw some light on the same issue as we are discussing here.

http://www.usvisanews.com/articles/memo627.shtml

northstar1
07-26-2007, 01:37 PM
My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.

The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.

My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.

I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.

logiclife
07-26-2007, 01:53 PM
From what your lawyers seem to be telling you, it seems that they will file new 140 for your along with successor in interest documents so that they can use your labor cert under the old structure of company.

Also, it seems that new 140 (along with successor in interest) will be filed concurrently with your 485. Your old 140 wont be used if they are filing a new 140 again.

And I think your lawyers are playing it very safe by filing a brand new 140 so I think that's a good idea. The only thing is that 140 premium is not available. And until your 140 is approved, you wont be able to use AC21 job portability options. You need 2 things 1) Approved 140 and 2) 180 days past since filing 485 to port jobs without having to restart GC again.

However, I guess your 140 will be approved in 6 months, so you have nothing to lose. You can always upgrade your 140 to premium later on whenever it becomes available.

Right now, the one thing you should worry is timing. 140 requires a lot of documents from company and due to that reason, lawyers end up filing 140 very late. In normal circumstances, that would be ok. However, since you want to file 485 and 140 concurrently, you better keep pestering your lawyer and your HR to move things quickely. Otherwise things will get delayed.

Also, as per latest memo, post mark date of Aug 17th wont be acceptable. It has to reach there on Aug 17th. Besides, if it doesn reach there Aug 17th, then its a lost opportunity coz Aug 18th is saturday.

As far as acquisition of my company is concerned, it has been delayed now to August and the shareholder vote on merger is next week. This delay has given extra time for everyone in my company to file 485 without worrying about acquisition.

northstar1
07-26-2007, 04:19 PM
Logiclife, thanks for your response. The assumption you listed in regards to my case are indeed correct. Due to retrogression, i had been unable to file for AOS, eventhough my I-140 had been approved previously. I think the company will be able to file the AOS application with the new I-140 (successor-in-interest) concurrently, prior to the Aug. 17 deadline, without any issues. I know you stated an approx time of 6 months for the i-140 to be approved. I'm assuming you are basing this on the assumption that this is treated like any other I-140 (and not an ammendment that follows a different approval path). Is that correct?

Also, even though i may not be eligible for job portability, it should have not implication on the filing and approval of EAD and AP, correct?

Thanks again.

anilsal
07-26-2007, 04:35 PM
Your H1 is valid with the new company. When you have to renew, they will apply with the new one.

When I went for visa revalidation, the Indian VO at Vancouver basically asked me, do you want the visa issued in the new company name or the old company that was acquired. I told him do whatever seems right to you. He issued it in the old company name. When you take a supporting letter, let the new company write that it acquired this small company on such date.

Your new company can file AOS in its name with the I140 from the old company. If it has been already filed, then continue.

There should be zero panic when a company acquires the company that you work. Panic when they decide to lay you off due to synergy.

graviyera
07-26-2007, 04:36 PM
What happens if lawyer files for 485 using the 140 approved before acquisition/merger without an ammended 140. Will there be an RFE at a later stage?

northstar1
07-26-2007, 04:55 PM
What happens if lawyer files for 485 with 140 approved before acusition/merger without an ammended 140. Will there be an RFE at a later stage?

From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending (or if i-485 has not yet been filed) and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.

This is MY understanding. Not sure if it is totally accurate.

hfisa
09-06-2007, 08:00 AM
My Company A was acquired by Company B. They have temporarily changed my Company's name to A,B but eventually it will changed to completely different name. Also, the location of office will be changed in another 4-6 months, a couple of blocks from the office. There also have been talks about changing my job title in a month or so, though the job profile remains the same. My I140 is already approved and I485 was filed in August.

- How does this impact my current H1B status? Do I have to file amendment?
- Since my job title and location have changed, will my I have to restart the process again?

nlssubbu
09-06-2007, 02:41 PM
My Company A was acquired by Company B. They have temporarily changed my Company's name to A,B but eventually it will changed to completely different name. Also, the location of office will be changed in another 4-6 months, a couple of blocks from the office. There also have been talks about changing my job title in a month or so, though the job profile remains the same. My I140 is already approved and I485 was filed in August.

- How does this impact my current H1B status? Do I have to file amendment?
- Since my job title and location have changed, will my I have to restart the process again?

Your case is bit complicated as your job title and locations are also changed apart from the company acquisition. Please consult with an attorney regarding the new situation and explore your options. Is your nature of job is same?

Thanks

hfisa
09-06-2007, 02:44 PM
The nature of job is the same.

Rockford
09-11-2007, 02:51 PM
This is what My HR (Fortune 100 company) and Attorneys (Respected) did.

They applied the H1 extension (and AOS) with old company name because the old companies (Merged parties) continue to act as functioning entities for some time and therefore using the old name is just fine.

*** Not a legal advise .. Just my experience ****

I had the same issue my company got accquired by a Fortune 20 this Jan I have an approved I140 and am waiting to file my 485. When I asked my lawyer if this would affect my GC process this is what the said.

ABC,

As we understand the transaction, XYZ remained a functional entity so your immigrant petition remains on track. The change of ownership of XYZ should not be an issue.

Regards,
LMN

Basically try to find out if the old company still remains as a functional entity in most cases it generally does at least for a period of time such as a couple of years. if thats the case then you should be OK.