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Backlog Processing Center Labor processing for those who applied before Mar 28

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  #1 (permalink)  
Old 04-05-2006, 09:48 PM
Donor
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
04/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
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Join Date: Mar 2006
Posts: 39
sajimm will become famous soon enough
Default LCA validity after company acquisition

The company I'm working in PA recently got acquired by a company in NJ. The old company name is dissolved, however the tax identification number is retained with a new name. They havenít closed the office in PA however they moved all their operations from PA to NJ office. My pay-stub and all other legal documents have the NJ office address. The company filed for my labor few years before from PA. Is that labor still valid? Will I have to file a new labor from NJ? Any feed back is highly appreciated
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  #2 (permalink)  
Old 04-05-2006, 11:19 PM
Senior Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
01/31/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 420
dixie will become famous soon enough
Default

As far as i know, the LC is tied to the location of the company .. so ordinarily you will have to file a new LC. I am not sure if there are any exceptions to this rule though .. better to consult an immigration expert.
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  #3 (permalink)  
Old 04-08-2006, 12:45 PM
Senior Member
Priority Date
:
Dec-02
Category
:
EB2
I140 Mailed Date
:
07/12/2006
Chargeability
:
United Kingdom
Processing Stage
:
N/A
I485 Mailed Date
:
05/03/2007
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Join Date: Feb 2006
Posts: 305
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Default

If tax ID retained then probably okay, but may require legal proofs to be provided. The tax ID I understood to be the core ID. Labor may be invalidated if the location of YOUR job has changed.
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  #4 (permalink)  
Old 04-08-2006, 02:01 PM
Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
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Join Date: Apr 2006
Posts: 75
neoneo will become famous soon enough
Default Acquisition

This is a fairly common situation faced by many companies. Talk to your new company lawyer and manager that they want to continue your GC processing. From there on it's just more paper trail. PLease do confirm this with your co. lawyer, coz in some situations it can get more invloved.
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  #5 (permalink)  
Old 04-08-2006, 02:31 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
07/14/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/09/2007
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Join Date: Jan 2006
Posts: 140
file485 is on a distinguished road
Default

on this note, here is my question eating my sleep.

company was acquired by the current company. Dint know about this acquistion and filed my LC in the old company name. The acqusition took place about 2 weeks before my filing date,unaware of these happenings I filed in the old company name.

Anyway, got thr 45 letter in Jan and the new employer replied to continue with the process after convincing him how crucial this GC maze has become.

Now the dumb attny dint reply with TAXID in the 45 day letter, except the new employer has signed the 45 day letter and attached a county letter saying that the old company has become new company etc.

really worried if this will trigger a Query kind stuff after all this damn wait..??

can anyone comment if was in such a situation..
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  #6 (permalink)  
Old 04-08-2006, 02:59 PM
Junior Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
12/15/2006
Chargeability
:
China
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
06/10/2007
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Join Date: Apr 2006
Posts: 19
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As far as I know, tax ID is not relevant. As long as your new company still maintains your office location and your job at that location, you will be fine. Your LC app was based on your current job market in your area. Assuming all of the above are the same, your LC application is Successor-in-Interest scenario. Good luck!
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  #7 (permalink)  
Old 04-08-2006, 03:04 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
07/14/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/09/2007
Compare
Join Date: Jan 2006
Posts: 140
file485 is on a distinguished road
Default

thx gc2008,

everything remains the same, excepting the new employer is more than a blood sucking leech and this is a EB3 Dec 2002 Labor (india..) how much more torture in life is depressing.

have another question, when the labor comes thru, and after the 140 is approved, is there any way to come out from that employer other than waiting for filing 485 + 6months on EAD. Very desperate to leave this employer, but have to stick on.

Last edited by file485; 04-08-2006 at 03:07 PM.
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