CP Gurus(Abu) help-Two approved I-140

[samin123]

Hi

I have two approved I-140 one from the old company before merger and another from the new company after the merger.
I have an interview scheduled based on the old I-140.The packet 3 information is about the new company.
Should I go for the interview.Will I have any problem.

[karanch]

Re: CP Gurus help-Two approved I-140

Friends! Do we need to apply for I-140 again if there is merger or a name change. Could you please let me know.

Thanks

Karanch

[samin123]

Re: CP Gurus help-Two approved I-140

Yes

The new company need to file a new petetion.The job, wages etc has to be same.

[abu lafya]

Re: CP Gurus help-Two approved I-140

Best safe practice with merger and/or acquasition is either new or amended I140. Amended takes less time.
There are certain cases where old I140 will do, but safe approach is amended I140.
Note new LC is not required.

[karanch]

I-140 amendment

Friends!

1) How long does Amendment to I-140 take. Does anyone have an idea.Please let me know.

2)Also, the name change became effective from Jan 1st after a I had sent the Packet-3 to Chennai. I haven't got a appointment as of yet. My lawyers mentioned that the employment letter with the old comapany's name as ref. would be sufficient. Is this o.k.

Thanks

Karanch

[samin123]

Re: CP Gurus help-Two approved I-140

Thanks Abu

Will it is OK since my interview is based on the old I-140 and I carry the new I-140 to the interview and show to the consular officer.
or Will it be better if my lawyers sent the new I-140 to the consulate now only before I go for the interview.The same will be in their file by the time of interview.

[abu lafya]

Re: CP Gurus help-Two approved I-140

I don't know.
Maybe do both (send copy now, bring copy with you too).

[samin123]

Re: CP Gurus help-Two approved I-140

Hi Karanch

This is the law................
42.42
N2.2-2 Change of Employer
(TL:VISA-170; 10-01-1991)a. IF the beneficiary of an approved petition
changes employers, the consular officer should send the petition to the INS
jurisdictional office. The INS will reaffirm the validity of a previously
approved petition only when there is a successorship in interest (i.e., when
the business is merged, acquired or purchased by another business). In
addition, the new employer must offer the same wages and working conditions,
offer the beneficiary the same job as stated on the original labor
certification, and must continue to operate the same type of business as the
original employer.

b. The new employer must:

1. File a new petition
2. Present evidence that it is a successor in interest
3. Present documentation showing a change of ownership
4. Present evidence of ability to pay wages offered and
5. If INS did not approve the original petition, evidence that the original
employer had the means to pay the proffered wage when the certification was
submitted.

[karanch]

Thanks Samin123

Thank you Samin.

How long did your new I-140 approval take and when did you file it and when was it approved.
I am trying to take an estimate of time. If it is fast, may be I can still continue with the interview as I have not yet received the date. Can I do this?

Also, I am not sure if the law you have stated applies to me as "I did not change the employer, but my previous employer was merged with its parent company". I used to get my pay stubs with both company's name earlier. Got to check now.

Also what about I-140 Amendment? Why didn't you try that?

Karanch

[samin123]

Re: Thanks Samin123

Hi

Merger /acquistion is termed as change of employer.Even I did not change employer my company was accquired.I applied for a new I-140 from the mergered co and got in 4 months.But my interview is based on old I-140 so am a little tense schduled for Feb interview

[samin123]

Hi Abu

Hi

My lawyers have refused to send the ameded I-140 to the consulate saying the consulate will not attached such correspondenses to my file.They are ready to give me a copy.

Should I send a copy on my own or should I show them at the time of interview.

Any ideas suggestions ?

[abu lafya]

Re: Hi Abu

I don't know.
You may try and ask the consulate.

[karanch]

Hi Samin 23

Samin123!

You said you had a new I-140 in your earlier messages. Now you are talking about an amended I-140. What do you have actually(new or amended) How long did the amendment take Could you let me know.

Karanch

[Maddy]

I-140 amendment/refiling

Could u please tell me in what circumstances it may not be necessary to amend an already approved I-140 when there is a merger?

What is the difference between amending and refiling an approved I-140? How long do they take?

Thank u so much. Your postings are so informative.

Maddy

[Maddy]

Urgent request - please help abu lafya and others

I'am expecting an interview at Chennai in April '02. Company was acquired after case reached consulate. I-140 was approved based on the old company. If my new company applies an amendment to I-140 at this stage when my interview will be scheduled any time and the case already been transferred to Chennai embassy, is there any risk of the INS requesting my file from Chennai thereby upsetting everything or will it simply involve getting an amended petition on behalf of the new company without having INS contacting Chennai.

Any suggestions? The acquisition does not alter my location or job desc.

Thank u
maddy