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Company acquisition after I-140 was approved
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mr_jumuc
8/17/2013 1:33:35 PM
Total Post: 1
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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: 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
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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.


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