I-140 Premium Processing after company got acquired

[rids228]

Hi,

I am on H1B and had recently received my I-140 (EB2) premium processed from my company ABC Inc. Now ABC Inc. got acquired by XYZ Inc recently. And my case file has been transferred to XYZ Inc's law firm.

Since my H1B is about to expire its 6th year and we have I-140, XYZ is going to apply for H1b extension of 3 years very soon. With only about 40 days remaining for my H1B to expire they are going to premium process the extension.

My PD is July 2011 (EB2) so I am expecting the date to become current in a few months time (hopefully!!). Once the H1B extension is complete, XYZ Inc is going to get my I-140 amended. The I-140 amendment process may take upto 6-8 months.

So I asked the lawyers whether they can premium process my I-140 amendment.

Here is where the problem is - what my lawyer told me today is since the first time my I-140 was applied under premium process with the original Labor Cert, they cannot again apply for a premium process. This is because the original Labor Cert was already sent to USCIS during my first premium process. So we no longer have the original Labor Cert.

I was not aware of this glitch in the process and was shocked. Can someone please answer the following -

1. Firstly, whether what the lawyer stated is correct and we cannot reapply for Premium Process for my I-140 amendment?

2. Is there no other way for Premium Process now?

3. What could be the implications of not having my I-140 in hand?

4. What are my options?

Please let me know. Appreciate your inputs.

Thanks,

H