Forum Home > Employment Based US Visa Immigration Discussion > I-485 / EAD / AP Forum
Company acquisition after I-140 was approved
...
There are 2 posts in this topic.
Watch This Topic
Start New Topic
Add Reply
mr_jumuc
8/17/2013 1:33:35 PM
Total Post: 1
...
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: http://www.uscis.gov/USCIS/Laws%20and%20Regulations/Memoranda/2009%20Memos%20By%20Month/August%202009/Successor-in-Interest-8-6-09.pdf 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. Thanks! Adriana
Amazon
8/17/2013 10:24:43 PM
Total Posts: 591
...
Sometimes when a big company B acquires company A, company a still does business as company A. In this scenario, you can also file I485 under company A. Ask your lawyer if that is feasible option when filing the I485 application.


Rate My Professor Celebrity Net Worth