EAD/AP approved but - Company being acquired


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I would appreciate if any attorneys or members can please help me with my question.

I have my EAD/AP approved for the 485 i filed on Jan 10th 2012. I filed my 485 concurrently with my I-140 and that is still pending. In the meantime, we got to know that our company got acquired by another company, in the whole and the take over will happen in June of this year. Can you please suggest what happens to my existing I-140 application that is pending and my 485 that is pending.

I would greatly appreciate if anyone can please answer my questions.


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I don't think anyhting happens until the merger is final. By then, if your I-485 is still pending, you will be able to use AC21 to change sponsorship to the new company and would not need an I-140 ammendment (well, you will be able to use it 7/8/12, so just wait for a month).

My advice is to talk to the lawyer about your situation and ask if they would recommend switching I-140 to premium processing. This way, you are either hoping that your I-485 is approved before the merger, or if not, you will use AC21.

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  • 3 weeks later...


Thanks for your response, as always. The acquisition that i mentioned is happening sooner than we anticipated. It is happening early next month. and my I-140 that i filed in Jan-2012 concurrently with my 485 is still pending.

Can you please tell me whether it would be a problem if the acquisition happens and my 140 with my current employer is still pending? Can my new employer still file 140 amendment on a pending 140 application? I would greatly appreciate if you can please let me know.


ps:- The new company is taking over our company under the Successor in Interest clause, which means they are responsible for our immigration in its entiriety

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I believe, the ammendment is possible - why not? Get a consultation with a lawyer after the merger is complete. If your date is retrogress, you may safely wait until your I-485 is pending over 180 days and file AC21, and this way you avoid the filing the ammendment altogether.

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Thanks for your response. My dates did get retrogressed in the May visa bulletin (my PD is Feb-08). So you are sayiing that if my PD is not current, then even if the acquisition happens next month, i need not file any amendment to the pending 140 and wait out till i hit the 180 days period and then just file the AC-21?

Is there a requirement for AC-21 that the 140 has to be approved?

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By the way, why are you worried about I-140? It's not your petition. You can do nothing about it. It's your employer's job to do something, and if they don't, well, you just act based on that. Let the sleeping dogs lie. I have seem a lot of damage that immigration busybodies inflicted upon themseves.

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