N-400 Continuance response - Employment based GC

[footballfan_kb]

When my I-485 was applied, my employer was Employer A. Employer A was acquired by Employer B before my Green card was approved. My job did not change, organization structure did not change and I continued working for Employer B. I do not have any documents tied to my I-485 application anymore as it's been 12 years.

My Green card was approved 220 days after I-485 was filed but in the same year 485 was filed and the acquisition happened. My company did not file an amended I-140 and I do not believe there was any communication sent to USCIS triggering the use of AC21. 

Recently, I went to N-400 Interview. Everything went well but the officer requested that I show proof of employment with the employer (Employer A) after the Green card was approved. I have W-2s of Employer B after the Green card was approved. Should I send the W-2's of Employer B and the press release of the acquistion or should I go with the route that I used AC21 since my Green card was approved 180 days after it was filed? What is the best strategy to respond?

[JoeF]

You should probably discuss this with a good immigration lawyer.

I personally think showing the W2s from B would be fine if B was the successor in interest of A. But I'm a lay person, so I may be wrong.

[pontevecchio]

Get a letter from B that they are successors in Interest in the matter.

[footballfan_kb]

Thanks for the responses so far. B does not exist anymore as B itself was acquired by C, a very large corporation after I left. I am trying to get Paystubs or my employment details from C but no luck so far. I sent a request to their HR via fax as their outsourced service could not find the details as I never worked for C.

I have been talking to my attorney and I am not sure if my attorney is following the best path. I believe she is going on the acquisition path, asking me to write an affidavit and get 2-3 affidavits from owners of the company, coworkers etc. One concern I have is my job title was different due to a promotion than the job code used in Labor certification, not sure if that will be a problem. I just feel the more facts open up, the officer may ask for more information or deny the application.

Due to all this, is it safer to use the AC-21 provision due to the fact my GC was approved after 180 days of I-485 being filed? Am I missing something about AC-21?