Joining previous Employer with approved, un-revoked I-140

[vtech]

I have approved I-140 at current company C, want to go back to previous company A which also has my approved, un-revoked I-140. But the company A was acquired by Company B even when I was still with them. I have the W2 with company B's name on it. The Job description is same between A and B. I understand a new H1B will have to be done for joining the company B (earlier was known as A), but will I have to start the PERM all over, just because the company A was the one which had started my PERM and had my approved I-140 under that name?

The company B external attorney says I will have to start new PERM as it has risk in reusing the previously approved I-140 due to the above reason. Want a second opinion. The premium processing is suspended even now. The new PERM will put me back by 2 1/2 years with EB3. It's backlogged PD movement is favorable as of now. Staying with current company is not a choice.

Thank you!

[pontevecchio]

Ask the lawyer whether B is a "Successor In Interest" in the matter. If so, ask the company to involve an Immigration Lawyer or let you retain one should they be amenable to continuing your GC process. You still retain the earliest of your Priority dates even were a new process to be started.