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Good morning,

My priority date is now current and I am ready to file i-485. I have an approved i-140 filed by company A which was later acquired by company B. When the acquisition happened, my lawyer said that I did not need to file an amendment for the i-140 since Company B is the successor in interest and job description, salary and metropolitan area location did not change.

I am now wondering if this was true or not. The reason of my concern is the "Successor in interest 8-6-09" memorandum that U.S Citizenship and Inmigration Services issued. Please see link below: 

On page 12, first paragraph clearly states that "approved i-140 petitions with a subsequent change in employer due to a transfer of ownership to a successor, the successor in interest MUST file an amended i-140 petition that demonstrates that a qualifying successor in interest relationship exists in accordance with the three successor in interest factors described in Section B of the PDF"

If this is the case, can I file my i-485 with the amended i-140 at the same time? Will I have issues even if I send all the support documentation they list in the memorandum?

I really appreciate your input. I have been waiting for more than 5 years and it would be a shame if my adjustment of status application is denied for my previous lawyer's mistake.


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