I-140 amendment was necessary?


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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

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  • 4 weeks later...

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.

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