Do I need to amend I140 after new company takeover with i485 pending?

hi Anil
My i485 is pending EB3 India Oct 2009. My I140 approved. My company bought by another company and my company name is anymore.

For my case , do I need to amendment my I140 that is already approved. Also my i485 is pending.
Do I really need to amend my I140 to new company?

A lot depends on how the new company acquired your current company.

Do you know if the new company took over as “Successor in interest” or not? If it did take over as the “successor in interest”, then these rules apply:

New i140 Required after Company takeover - less than 180 days

If your I-485 has been pending for less than 180 days at the time of the company takeover, then the new company should file an I-140 amendment.

New i140 Not Required after Company takeover - Greater than 180 days

If the i485 was pending for more than 180 days at the time of company takeover, you can use AC21 if your job profile are the same or similar to those with the original company.

hi Anil
I have same question. I want to move it to different new employer using AC21. I don’t want to try I140 amendment option. My I140 already approved and I485 pending for 90 days.

I just want to hang in there with Successor of Interest company for next 90 days for 180 days mark only with H1B amendment. Then I will move it to another new employer using AC21. Is there any issue in that case?

I do not see an issue. Talk to your attorney as they have access to more details about your case.

Can I work for two companies in EAD? One company in Australia and I need to work at night.
Morning time one company and evening time another company . is that possible wtih EAD?

EAD has no work restrictions in US. You can work for anyone or any company irrespective of its location anywhere in the world.

Both companies payroll are in USA. But for one company, I need to work in Australian time. ie I will get two W2. Is there any issue for 401l interview about which company I need to show as my employer?

As i said that EAD has no restriction, you can work for as many W2 or as many companies as you want.

hi Anil,
My i485 is pending less than 180 days with my Company A. I have 3 more months for 180 days.
My company(A) got bankrupated and another company (B) bought it. Now company B is doing H1B transfer(Change of employer option in H1B). No H1B amendment initiated by Company B as they will do it after H1B transfer.

My question below.
I already did H1B transfer to Company C for better job stalibity. But plan to join after 180 days completed in my i485. In such sceanrio, will my i485 valid to do AC21 after joining Company C?

Is there any logical issue related to Company A’s I140 as it got bankrupted/shutdown before 180 days of my i485.

ie Company A won’t not revoke underlying I140 as its no more now. I am in EB3 India Mar/2010. so there is no way my date would be current in another 3 month.

Hi @chi_stoci
Did you check with your attorney of the new company has ‘sucession of interest’?

hi Anil
Company A got bankrupted and Company B bought it in action. Company B is doing H1B transfer and H1B clasification selected as “Change of Employer” in Form I-129. Not sure if this refered as Successor of interest. Still I am in payroll of Company A. H1B transfer would be done to Company B. Then company A will be dissolved. Company B did not talk about how pending i485/approved I140 would be take care.

I already did H1B transfer to Company C. I will join Company C after 180 days. Can I do AC21 to company C after 180 days. so I dont need to redo green card processing?
Will it be logically valid AC21 even thought Company A shutdown before 180 days ?

Please first confirm if the new company is taking over your i140 and i485 as successor of interest or not.

yes. But not yet filed the I140 amendment . It would be done after my H1B approved and I dont think H1B transfer itself would be approved in another 3 months. If I change the company C using their H1B after 3 months(180 days would be completed) , does it impact my AC21 to company C?

HI Anil
Any feedback for my question

It should not affect but i suggest to take attorney advise as your case is complicated.
Attorney can suggest better by looking at your i140 documents and company takeover documents.