IV on hold after CP interview at Mumbai

[damnezuser]

The company which sponsored my I140 was
acquired by another company. Packet 3 was
sent on behalf of the new company. Consulate
did not take any objection and scheduled an
appointment for my interview.
My lawyer had assured me that with some recent
law during the wake of numerous acquisitions,
new H1 filing or new I140 filing is no longer required.
I went in today for interview and I am told
in the interview that I am in trouble as the
Consulate needs to contact State (some office
I guess??) to clarify whether it is ok to grant IV
in my case and they will contact me. The lady
did not answer how long it might take?
My current H1 and my wife's H1 are both cancelled.

Questions:
1> Should the Consulate cancel my wife's H1?
2> Any body has any experience as to how long
it takes for the Consulate to get response from
INS? Should I cancel my return ticket and hang
around indefinitely :-(
3> If INS disapproves, then will I have to go through
LCA and I140 or just I140 should be ok?
4> Any advise??

[abu lafya]

1> Should the Consulate cancel my wife's H1?
I think yes.

2> Any body has any experience as to how long
it takes for the Consulate to get response from
INS? Should I cancel my return ticket and hang
around indefinitely :-(
It may take a month, but since very few cases like yours, it can be different.

3> If INS disapproves, then will I have to go through
LCA and I140 or just I140 should be ok?
Not sure.

4> Any advise??
First, I think your case will be approved as is. I think your case (where your sponsor was acquired) is not the first.
I also read somewhere a post about a case where IV was granted few months after the interview after the candidate had satisfied one more requirement, worst case, yours will be like that.

hang on and best of good luck!

[mj777]

H1 cancelled

Dear amnezuser,
Did they cancel your valid H!?
Did they explain any grounds for doing that.
I have read that a NIV gets cancelled only in fraudulent cases.
Was any explanation given to you for that.

I hope it works out quick for you.

[damnezuser]

Valid NIV cancelled

Yes, both mine and my wife's H were valid.
The explanation given to me was that cancelling
the NIVs irrespective of category or validity is
just procedural, once interview for IV is conducted.
I wasn't quite convinced, as IV application might
be technically incomplete and one would may be
like to drop the whole IV application and go back
to US on NIV. However when I tried to raise this
point, the lady behind the glass raised shoulders.
She however made a passing remark that there
is nothing wrong with my I140 or packet 4, but
she has to however get clarification from INS.

Thanks Abu Lafya and others for your comments.

Is there anything I can do meanwhile to expedite
or track my case? Can my lawyers in US do something
here?

[abu lafya]

Re: Valid NIV cancelled

If your lawyer can send a fax with the portion of the law or previous rulings that show your case should be approved.

Please keep us updated.
Good luck!

[samin123]

Re: Valid NIV cancelled

Hi

You should be ok.My I-140 with the old company had a RFE .The lawyers submitted the merger details and all the financials of the new companies.Subsequently the I-140 was appoved with the new company details even though the approval notice still shows the old companies name. I am sure the lawyers can help with documentation.

[kirank]

Re: Valid NIV cancelled

Damnezuser: Best Luck. Buddy ...and hang in there !! Pls let us know of any developments, Thnx!!

[premd]

Re: Valid NIV cancelled

Hello ,
Hope things work out for u..

I have a querstion regarding PCC.
Did u have to carry two PCC one fropm local police station and one from regional passport office?
I was informed by the local police station that they are not authorised to issue police lcearance..

Your help is greatly appreciatred.

Regards,

[Maddy]

Please let me know exactly what they do to your case 'cause
I'am sailing in the same boat. My company was acquired after I received my packet 3. I have sent the documents of P3 with the new company's name. Don't know when the interview will be.

I'am planning to go for the interview with proof of merging such as company documents etc. Did u carry any such thing?

[Maddy]

Did u get a response?

Hi damnezuser,
Did they clear your case?
Please respond
Thanks
Maddy