I-485 validity?


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I am in confused situation and appreciate any thoughts.

Aug 2016- I-140 filed under EB-1b by my company, say A

Dec 2016- Company went through organizational changes, merged with sister companies. Company name and EIN changed, say to B. It is not to a complete new name, just the way it was set up was changed (eg. LP to LLC etc.)

June 2017- my I-140 approved, but cannot file I-485 due to retrogression in EB1 dates

Oct 2017- submitted I-485 by company B based on approved I-140 from company A (remember company B is formed from merger of sister companies. My job remained same).

Apr 2017 - received RFE to submit I-485J. Company B is preparing I-485J and using job portability under INA Sec 204(j). 

My question is - can I use job portability even though I-485 has been filed by company B? My lawyer says amendment is not necessary. Is this true?

Is my I-485 valid even though technically I am not working with company A on I-485 submission date? Please note company A is merged inside company B when I am filing I-485.

 

 

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