krishna.taneeru Posted October 13, 2011 Report Share Posted October 13, 2011 My I140 approved from A company and A company merged with B company and formed C company. What will happen to my I140. 1.Do C company will apply new I140. 2. Will my I140 will get transferred to C company. 3. Can I change my employer, is there any minimum period that I need to stay with present company. 4. Do I need to original I140 to apply new I140 from new employer. Could some please respond for my quires. Appreciate your help. Link to comment
redgreenbluee Posted October 13, 2011 Report Share Posted October 13, 2011 please consult a lawyer. new company C is the successor in interest and needs to amend I-140. just like in any case (merger or no merger), you can change employer at any time. you will need a copy of approved I-140 to port/retain PD. however, it doesn't mean you cannot apply I-140 with new employer if you don't have copy of company A's I-140, you just cannot port/retain your PD. My I140 approved from A company and A company merged with B company and formed C company. What will happen to my I140. 1.Do C company will apply new I140. 2. Will my I140 will get transferred to C company. 3. Can I change my employer, is there any minimum period that I need to stay with present company. 4. Do I need to original I140 to apply new I140 from new employer. Could some please respond for my quires. Appreciate your help. Link to comment
krishna.taneeru Posted October 14, 2011 Author Report Share Posted October 14, 2011 Thanks for the response Link to comment
MKDump Posted June 25, 2013 Report Share Posted June 25, 2013 I have exactly same case, I have approved I-140, company that filed my I-140 got merged with company B and new company is named as C. New company has not filed any amendment on I-140. Now I got better job and wanted to switch job, since I have already used 6 years of H1B, I wanted to use approved I-140 to do H1B transfer and extension. So my query is can I use approved I-140 from my current employer even if the company name got changed after merger? Please advise. Thanks MKD Link to comment
aum001 Posted August 12, 2013 Report Share Posted August 12, 2013 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. Link to comment
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