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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    I-485 and I-140 both pending, Company got sold
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Associate Member
Posted
Hi

I have applied for my GC through my company in EB2 category. My and I both got EAD card back and receipts for I-485(both) and I-140(me). we have given figure print on 7th Feb. All my papers where submitted on January 11th.

Now yesterday i found out that my company got sold to another company.

So my questions are:

1. Is there going to be any problem when they change the company Name?
2. If they layoff me what will happen? Do i get any time to look for new job (i know in H1b you get three months) before i go out of status. What will happen to my wife's EAD card or status (she is working with the EAD).
3. Can i look for a new job right now? And does my new company has to sponsor me again?
4. Is there anyway I can switch job without starting the whole deal?
5. If so then do i have to let my new company know anything? (i mean can i just look for a new job saying i am authorized to work for any company)

Please if i am missing something here let me know and I need to know the answers as i can't sleep since yesterday.

Thanks
 
Posts: 4 | Registered: 03-05-2008Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
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1. Is there going to be any problem when they change the company Name?
You may need to file a revised I-140 (Successor in interest) in this case. This will be processed by USCIS in the normal time frame and will be approved. Revised I-140 does not affect your existing processing of I-485.

2. If they layoff me what will happen?
Is your I-485 receipt date is more than 180 days; you may use AC21 and change jobs. Both you and your wife can continue to use EAD without any issue and you will not be treated out of status. If the new company sponsors H1, then you may be able to transfer your H1 along with your wife's H4 as well. This will provide you a backup in case of any issues with your I-485.

3. Can I look for a new job right now?
If your did not cross your 180 days from the receipt date and if your existing company revokes your I-140, you may need to start your GC process all over again. Please look for the I-485 receipt date and check when the 180 day mark is going to be passed and revert back. It is better to consult with an immigration attorney any way to get appropriate advice.

4. Is there any way I can switch job without starting the whole deal?
As stated earlier, if your I-485 receipt date is passed 180 days and your I-140 is approved, you are safe to use AC21. You may need to provide more details regarding your status of I-140 and the number of days after the I-485 receipt date to determine this.

5. If so then do I have to let my new company know anything?
If the new company willing sponsors H1, your safe bet will be to transfer your H1 to them and continue processing GC using AC21.

Please consult with an attorney and take decisions accordingly.

Thanks
 
Posts: 75 | Registered: 02-24-2006Reply With QuoteEdit or Delete MessageReport This Post
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