H1B transfer while I-140 Amendment in progress

[Bala M]

Hi All,

I have approved I-140 with EB2 priority date 10/2012 from Company A. Last year company A filed bankruptcy and it was acquired by company B and they are successor in interest. So they filed I-140 amendment and currently it is in progress and it will be approved anytime.

Now Company C offered a full time and they will file H1b transfer. Is there any issue in H1B transfer? Can we use Company A approved I-140? What if I-140 amendment is approved. Do I need to wait for 180 days before I can use that I-140?

Any input is greatly appreciated!!!

Thanks!

[pontevecchio]

Why are you not joining B? The successor in interest application needs to be approved before any move by you. In that case there should be no issue using that I-140 as the basis for H1 extensions.

One way of looking at it is to let C file and let the chips fall where they may. Questions arise as to why B took the trouble when you will not be joining them.

[Bala M]

4 hours ago, pontevecchio said:

Why are you not joining B? The successor in interest application needs to be approved before any move by you. In that case there should be no issue using that I-140 as the basis for H1 extensions.

One way of looking at it is to let C file and let the chips fall where they may. Questions arise as to why B took the trouble when you will not be joining them.

Thank you for your response

Sorry, I was not clear. All of company A employees become Company B employees including myself. The acquisition happened on June 2017 and they filed I-140 amendment on Dec 2017 and it is still in progress.

Now I want to join company C.

[pontevecchio]

Let C file and see what happens.