Changing Employer in middle of a merger


murthy_sp

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I am currently working with Company A which is a small division of Company X. I have an approved I-140 for EB2. Company A is being acquired by Company B and the merger becomes final on 1 April 2011 (i.e we transition on to Company B's systems,HR etc...). Now I have an offer from Company C and am really interested in pursuing it. However, I am confused as to what will happen to I-140 if I make this transition after the merger happens i.e after 1st of April. Will I be able to retain my PD based on my approved I-140 from Company A, or would I need to have an amended I-140 from Company B since I am quitting as their employee. Please help me.

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Let me rephrase my question. I understand that I will have to redo my PERM and I-140 with Company C. But Can I still get an extension of three years on my H1-B if I quit as an employee of Company B with approved I-140 from Company A and will I be able to port my PD from Company A to company C?.

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  • 4 weeks later...

Hello All,

I am new here. I applied under the NIW. My lawyer sent out the I-140 package on March 31 and still waiting for the receipt notice (the check is not cashed yet too). Getting a bit nervous!

Question: Does anybody know can I apply through Premium Processing while I am under NIW?

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  • 2 years later...

Let me rephrase my question. I understand that I will have to redo my PERM and I-140 with Company C. But Can I still get an extension of three years on my H1-B if I quit as an employee of Company B with approved I-140 from Company A and will I be able to port my PD from Company A to company C?.

 

Hi,

I am in exactly same situation, my company name got changed after merger. I wanted to change the job using  I-140 which was approved before merger. Did you finally change the job and got H1B transfer without any problem? Please share your experience.

 

Thanks

Mkd

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  • 1 month later...

Hello Everyone,

 

I am in a similar situation...I work for Company A with 140 approved (EB3) and have H1-B until Feb2015. My Company is merging with Company B and will take 6 months for the merger & consolidation (not sure if the new company name will be A, B or C). I want to be proactive and prepare before it to too late.

 

1. What if the new company name is Company B or Company C (Tax ID changed)? Do I have to file an amendment for 140?

2. What if my location is closed (I travel almost 100% on my job but my GC is tied to a location)? Do I have re-start my GC with new location?

3. I have a very good offer from another company (still EB3). Do you think 20 months is enough for labor and 140 approved through new company?

4. Take risk and move to new company or stay with my current company and go through the merger?

 

Please advice. Thanks and have a wonderful weekend.

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