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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 07-25-2011, 11:35 PM
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Priority Date
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Default I-140 Approved, 3 years ext after 6th year - my Company X Acquired by another Company

Hi,

I have a Labor, I-140 approved, got 3 years extension(I am in my 7th year) on EB3 with Priority Date of 2010 for Company X. I haven't applied for I-485 as my priority date is not current.
Very soon, my company X is going to be acquired by another company Y.

1) If I want to continue with Company Y, what kind of applications we need to file? . Is there any risk?
2) If I want to change the comapny(to Z), what are the steps I need to undergo.

Can you please suggest which is the best option for me in the present situation. Thanks a lot in advance.


Regards
Priya
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  #2 (permalink)  
Old 07-26-2011, 05:11 PM
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Priority Date
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Dec-06
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I140 Mailed Date
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08/07/2008
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India
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rattarde is on a distinguished road
Default Steps when company is acquired

Priya,

I recently went through the similar situation. I assume that you are still maintaining your H1B status. So you have to really focus not just on I-140/485, but also on your H1B.

Let me start with H1B - Though legally it is not required to file for an amendment, the laws are a bit unclear as USCIS does not require new petition unless DOL requires it. The conflict arises in how each treat the successor in interest clause. This is where it gets lost. Most lawyers will recommend to get new labor application filed for amendment and because of it a new petition is required.

As your I-140 is approved, you dont really have to file a new petition as long as successor firm continues the employment and assumes all the responsibilities set forth with the I140. You have to submit additional documentation (Evidence of bonafides of the successor) at the time of I485 to continue your process on already approved I140. Still the best bet is to have your company's lawyers handle this, as the process of evidence gathering really starts from the time the intent is signed to acquire your organization.

Changing the job should not be a concern if you are on H1. You run in the risk of the original organization pulling out of your I140 though, which does not happen often, but some acquiring companies tend to recall any pending I140's for employees no longer with the organization.
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Old 07-27-2011, 07:57 PM
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Join Date: Feb 2011
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Default

Hello Rattrade,

Thanks a lot for the detailed information. This is very useful for me.

I am planning to change the company and also want to start my EB2 processing of GC(currently it is under EB3). Will there be any risk other than the current employer revoking my I 140., ?



Regards
Priya
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  #4 (permalink)  
Old 06-25-2012, 08:07 PM
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sheebakul is on a distinguished road
Default

Quote:
Originally Posted by rattarde View Post
Priya,

I recently went through the similar situation. I assume that you are still maintaining your H1B status. So you have to really focus not just on I-140/485, but also on your H1B.

Let me start with H1B - Though legally it is not required to file for an amendment, the laws are a bit unclear as USCIS does not require new petition unless DOL requires it. The conflict arises in how each treat the successor in interest clause. This is where it gets lost. Most lawyers will recommend to get new labor application filed for amendment and because of it a new petition is required.

As your I-140 is approved, you dont really have to file a new petition as long as successor firm continues the employment and assumes all the responsibilities set forth with the I140. You have to submit additional documentation (Evidence of bonafides of the successor) at the time of I485 to continue your process on already approved I140. Still the best bet is to have your company's lawyers handle this, as the process of evidence gathering really starts from the time the intent is signed to acquire your organization.

Changing the job should not be a concern if you are on H1. You run in the risk of the original organization pulling out of your I140 though, which does not happen often, but some acquiring companies tend to recall any pending I140's for employees no longer with the organization.
Hello,

I am in similar situation. My current company A is going to form a Joint Venture with Company B and Company B is a majority stack holder. So after the JV its going to be called as "BA" My closing date is in 4 days. As it takes 7 to 8 Business days to get LCA, which seems to be a requirement to filing a H1B Extension. Which means there is a gap of few days from my termination from Company A and joining Company "BA". Will USCIS consider me Out of status for the duration ? Will I be able to get my H1B approved for company "BA".

Your reply will be highly appreciated.

Thanks.
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