EB1-b I-140: going through acquisition

[sudbon2784]

Hi,

My employer applied EB1-b in Aug 2016, received approval on May 31st, 2017. As the final action dates retrogressed for June and July and USCIS specifies that only final action dates need to be considered for submitting AOS in July, I cannot submit I-485 and have to wait until the dates becomes current. My company is going through some acquisitions and it is a possibility that I will be moving to a new company as part of divesting process (new employer becomes successor in interest). In this case, does the new employer need to file I-140 again? or can I directly apply AOS with new employer with the existing I-140?

Thanks.

[pontevecchio]

You can directly apply for AOS in October when the dates are likely to be current assuming the successor in Interest is willing to take over your Immigration Responsibilities by which I mean they want you to continue working for the company.

[sudbon2784]

14 hours ago, pontevecchio said:

You can directly apply for AOS in October when the dates are likely to be current assuming the successor in Interest is willing to take over your Immigration Responsibilities by which I mean they want you to continue working for the company.

Thank you for your reply. This means, if the successor of interest willing to take over my immigration responsibilities, they new employer don't need to submit a new I-140, only need to provide an employment verification letter that goes with my AOS. Am I understanding right?  

[Shurap1]

I think I-140 amendment is required if the tax id changes which seems to be the case with your employer. Do consult with lawyer on this.

[pontevecchio]

The Successor In Interest will have their lawyers notify the USCIS about taking over your Immigration Liability in writing. No amendment is required. Just paperwork.

[sudbon2784]

Thank you for the information.

[sudbon2784]

I applied I-485 last week based on my approved EB1b I-140 and this week I got the news that I have been part of the divested assets. Job is guaranteed with same roles and responsibilities. I have heard that if I became an official employee for the new employer before reaching 180days, I have to restar my I-140. The Successor in interest does not hold for EB1 it seems. Is that true? Just want to confirm. Thanks.

[pontevecchio]

You should discuss this with a good lawyer. SII  is SII and the Immigration Responsibilities can be taken over by the new entity.

[sudbon2784]

 

On 10/19/2017 at 11:05 AM, pontevecchio said:

You should discuss this with a good lawyer. SII  is SII and the Immigration Responsibilities can be taken over by the new entity.

Thank you. I will consult an attorney.