KatSri Posted February 16 Report Share Posted February 16 I have an approved I-140 under EB2 from 2011. Since my date was current under EB3 as of Oct 2020, we filed for an I-140 (under EB3 category) along with I-485, EAD and AP. I received my EAD and AP but USCIS denied my I-140, stating that we have not established the "Successor In Interest" relationship properly. (My company changed hands 4 times during this period). Would it be a good idea to : 1. Amend my already approved EB2 I-140 (establishing the SII relationship properly this time around) and submit a NEW I-485 by including the Supplement J form to confirm the ongoing offer of employment from the new company and also submitting additional evidence showing the acquisition history. OR 2. Amend my EB2 I-140, submit Supplement J form and additional evidence, and attach it the already existing I-485 which was filed along with my EB3 I-140 that was denied? Is this 2nd option a possibility at all, since USCIS already adjudicated on this case negatively? Thanks in advance Quote Link to comment
Attorney_15 Posted March 27 Report Share Posted March 27 Generally, if USCIS has denied an amended I-140 petition as failing to establish successor in interest, refiling an I-140 petition is likely to end with the same result. Generally, the best course of action is for an employer to appeal the denial decision while also starting a new PERM application. Quote Link to comment
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