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I-140 approved, I-485 pending <180 days, company acquired

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  • I-140 approved, I-485 pending <180 days, company acquired

    Hi all,

    I hope someone can give me advise for my case.

    some facts about my case:

    Philippine-born applicant
    Approved I-140 from July 2017
    I-485/765 filed October 3, 2017
    biometrics done November 7, 2017
    EAD received January 9, 2018.
    AOS interview February 21, 2018.

    Normally, I would say this is a good timeline and on its way to a GC. The curve ball here is that, come February 1, 2018 my old company (the petitioning company) will be acquired by a new company. Job description, salary, everything is the same, except for the new company. Which means when my wife and I show up for our February 21 AOS interview, the original petitioner no longer exists.

    My questions:

    1.) If I use AC21 portability, can I "deliberately" delay my application by asking for a rescheduling of my AOS interview past the 180-day AC21 rule (which in this case, April 3, 2018)?

    2.) If I follow what the company lawyer says and reapply with a successor of interest I-140, will that make my application drag on longer by starting again from square one. or is a successor of interest I-140 the best step to take in this case?

    Thank you all for any help/advice you can extend to me!

  • #2
    Originally posted by SWCP View Post
    Hi all,

    I hope someone can give me advise for my case.

    some facts about my case:

    Philippine-born applicant
    Approved I-140 from July 2017
    I-485/765 filed October 3, 2017
    biometrics done November 7, 2017
    EAD received January 9, 2018.
    AOS interview February 21, 2018.

    Normally, I would say this is a good timeline and on its way to a GC. The curve ball here is that, come February 1, 2018 my old company (the petitioning company) will be acquired by a new company. Job description, salary, everything is the same, except for the new company. Which means when my wife and I show up for our February 21 AOS interview, the original petitioner no longer exists.

    My questions:

    1.) If I use AC21 portability, can I "deliberately" delay my application by asking for a rescheduling of my AOS interview past the 180-day AC21 rule (which in this case, April 3, 2018)?

    2.) If I follow what the company lawyer says and reapply with a successor of interest I-140, will that make my application drag on longer by starting again from square one. or is a successor of interest I-140 the best step to take in this case?

    Thank you all for any help/advice you can extend to me!

    Could you please let me know the route you too? I am also in the same situation and would like to know which one would be the easier way to do this?

    Thanks for your time.

    Comment


    • #3
      Originally posted by karven1979 View Post
      Could you please let me know the route you too? I am also in the same situation and would like to know which one would be the easier way to do this?

      Thanks for your time.
      Hi, any update with this? I am in the same situation

      Comment

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