I140 porting to spinoff


skdad

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Hello All,

I have a question regarding I140 porting to a new company spinup. Here are the details,

I have an approved I140 from company A. Company A wants to spin-off our group as a new startup under a different name. Company A wont have any stake in this new company. The reason for this is company A will no longer exist as it is going to be taken over by company C.  

I will be part of this new company. Here is my question. 

In this above scenario, although I can retain my priority date(due to an approved I140),

      1. Do I have to restart the whole green card processing from the beginning.

      2. Or can i have the "successor of interest" filed for my I140, and file for I485 whenever my dates become current.

Thank you very much for your responses. 

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