i-140 amendment??

[spike]

guys,

iam on my 5th year of h1b and my 6 years would be expiring in feb 2012. now my labor is approved in PERM and iam on EB2.

i was ready to file for the i-140 premium and once approved , i wanted to file for the h1b extension beyond 6 years.

now the issue is that my company is merging and the merger hasnt be approved yet by DOJ(department of justice yet), so i asked the attorney what would happen if i file for the i-140 premium and get it approved by the existing company and what if the merger happens, so they said that i need to do the 1-140 Amendment.. which should not take more time.

question : do i need to file for the i-140 amendment if the merger of the company gets approved to have my h1b extended beyond 6 years?

knowledge is power.

cheers

spike

[nipukumar]

My suggestion is dont worry on "what would happen" file your I140 as early as possible. Once you have I140 approved you can get 3 year H1B extension and then you would have time to think and see if I140 amendment would be needed or the entire GC process has to be restarted.