I-140 amendment was necessary?

[aniatmurthy]

Joined Company A - May 2007

Company A filed for I-140 (EB3- Labor substitution) - May 2007

Company A filed for I-485 - 9th Aug 2007

Company A acquired by Company B - Septemober 2007 paystubs shows Company B's name

I-140 approved - Dec 2008 (has Company A name on it)

Company B never filed I140 amendment

Joined Company C - Feb 2009

Joined Company D - April 2009

I-485 came to local USCIS 1 month before - June 2011

Company D preparing to file new PERM/I-140 in EB2 possibly to capture EB3 priority date.

Any issues you can see for this porting or on I485? Specially since I-140 amendment was not filed and acquisition took place in less than <180 days of I-485 filing date.

Thanks much

[aniatmurthy]

Anyone guys?

[gcseeker1111]

You should be able to port the priority date without any issues provided the I 140 was not revoked by your previous employer.

[aniatmurthy]

Thanks much. Hmmh, so there is no point of initiating new EB2 PERM if I140 got revoked?

What are the ways to find out if 140 was revoked by prev employer? USCIS website doesn't shows any update in LUD/status since approval.

[forum.user]

Once I-140 is cancelled by USCIS, they will inform your lawyer saying it is cancelled.

Once applied for cancelling I-140, generally USCIS will take around 6 months to revoke. If within 3 to 4 months you can get your PERM and I-140 approved, then no hazzles for you. Otherwise they may issue an RFE probably. But still you may be able to port priority date unless I-140 is revoked for fraud.

Also I heard no new PERMS are accepting by DOL as of July 2011. You may have to do more research before taking any decision.

Hope this helps you.

[aniatmurthy]

Well my EB3 140 was approved 2 years ago and have since changed employer/attorney. Any other way to see 140 status?

I heard about DOL not accepting wage determination currently, but not about the PERM.