Successor-in-interest vs AC21


Recommended Posts

Hi All,

In short, I am really trying to know the time needed between I-485 submission and eventual GC issuance. My situation is detailed as follows.
My employer is selling the business. The buyer will continue running the business, but it will be under a completely different business entity, with a different tax ID, etc. The buyer told my current employer that he intend to continue on with my immigration process. We expect the transaction to close in around March/April.
We have already received labor certification. However, we are not sure if we should file I-140 and I-485 at this point. (My priority date is current.)
My lawyer suggested two options:
  1. Let the new employer file I-140 as a success-in-interest; or
  2. File I-140 now, and port to the new employer using AC21 after 180 days.
Normally, the first option sounds more intuitive. However, it requires the new employer to produce their most recent tax return, which I have no idea will be able to prove their ability to pay. The current employer kept telling me that they are “golden,” but from other clues I sense that the buyer may have set up an entirely new business entity to purchase the business I work at. This way, they will not be able to prove their ability to pay because they would not have had a profit for the last year. I have not been introduced to the buyer yet, and my current employer has not been entirely helpful with communicating my concerns. There is no way for me to confirm or dismiss my doubts.
AC21 sounds like a good alternative. We will not require the new employer to provide any proof of ability to pay, and we can file now so I don’t have to wait too long for AP, EAD and the eventual green card. And if we really want to go back to the successor-in-interest route, the new employer can always file an amended I-140 once he takes control of the company.
However, we will be in a lot of trouble if the GC is issued within 180 days. That way I will not be able to port to my new employer. My lawyer says it is highly unlikely that GC will be issued so fast, but the current processing time (as of Dec 2014) from the USCIS website says that processing time for I-485 at both California and Nebraska Service Centers is 4 months.
So the question is: How long did you guys wait to get your GC, after submitting I-485?


Link to comment


This topic is now archived and is closed to further replies.