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Please help I 140 denail (merger)

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  • Please help I 140 denail (merger)

    hi,

    USCIS has denied my I 140 application based on - not enough proof
    of complete buyout/merger/acquisition.

    my case is something like this, I would like to get your opinion on this

    please help

    - I was working for a startup at company A, where they files for my RIR
    labor cert in Aug 2001

    - Company B acquired patent and hired part of compny A. basically compnay sold its patent and main developer to B in oct 2003. I xfered H1 to new comany B. Company A still leaglly exitsts but purpose it just to fight a litigation filed on A from its old competitor. There are no business operations
    and facilty for A. Currently there is only one emplyee, cEO on A. we developing same product as in patent and A dose not intent to develop that

    - I got my labor with filed from A in Nov 2003. I filed I 140 from company B.

    - Now USCIS has sent a indent of deial, according to them this is not complete buyout/merger/acquisition as company A still exits in record and
    B has not taken all resposibilite/liablities

    - Now lawer is trying to prepare a response, therefor I would like to request you all if anybody has similar situation, what should I respond. what should be written to ins to convince them that though A is legally there but for only its leagl fight.
    What are the next steps, please help.


    - Is there other way to use this labour - is there something like this, that A can surrender labout to B and then I can file again. Can they surrender based on the fact that they dont need and persona and skills in A.

    I will be really very greatful for your insight.

    regards,
    -nano

  • #2
    hi,

    USCIS has denied my I 140 application based on - not enough proof
    of complete buyout/merger/acquisition.

    my case is something like this, I would like to get your opinion on this

    please help

    - I was working for a startup at company A, where they files for my RIR
    labor cert in Aug 2001

    - Company B acquired patent and hired part of compny A. basically compnay sold its patent and main developer to B in oct 2003. I xfered H1 to new comany B. Company A still leaglly exitsts but purpose it just to fight a litigation filed on A from its old competitor. There are no business operations
    and facilty for A. Currently there is only one emplyee, cEO on A. we developing same product as in patent and A dose not intent to develop that

    - I got my labor with filed from A in Nov 2003. I filed I 140 from company B.

    - Now USCIS has sent a indent of deial, according to them this is not complete buyout/merger/acquisition as company A still exits in record and
    B has not taken all resposibilite/liablities

    - Now lawer is trying to prepare a response, therefor I would like to request you all if anybody has similar situation, what should I respond. what should be written to ins to convince them that though A is legally there but for only its leagl fight.
    What are the next steps, please help.


    - Is there other way to use this labour - is there something like this, that A can surrender labout to B and then I can file again. Can they surrender based on the fact that they dont need and persona and skills in A.

    I will be really very greatful for your insight.

    regards,
    -nano

    Comment


    • #3
      I dont know much about emplyment based petitions but your Attorney should preapare a very good response.

      If the Appeal is denied still, you can appeal the decission with the Admistrative Appeals office.

      You can get more information on this at www.shusterman.com

      Comment

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