Can I140 Amendment- Successor in Interest be filed PP?

[Heervin]

My company was an independent business unit of Fortune 500 company. Due to reorg, that division was Acquired and became independent pvt company.

I had approved I140 with fortune 500 company. Can my new company file for I140 amendment - Successor in Interest in Premium Processing?

Pl. share your experience.

[sateesh74]

Hi,

Technically not possible as same has been tried by my attorney and response was to file with original I-140 petition (which was already given away in original I-140) . Hence they filed it back again with regular (not PP). This looks like a stupid law!!

Following is the response from my Attorney on this matter.

"

We have just received the receipt number for your I-140 petition. Your case was receipted in on April 26th, and the receipt number is SRC-xx-xxx-xxxxx. Unfortunately, your case is not eligible for premium processing, as USCIS no longer allows successor in interest cases to be filed via Premium Processing. This is because the petition does not include an original copy of the labor certification.

We will work with our accounting department to have the money returned to you for the Premium Processing filing fee. Meanwhile, you may follow the progress of the your case by visiting the USCIS website at https://egov.uscis.gov/cris/Dashboard/CaseStatus.do and entering the receipt number.

Please let me know if you have any additional questions or concerns. Thank you.

Regards, "

[aniatmurthy]

so Sateesh74, did you mean that if you have original copy of labor certification (say in case of labor just approved), you can file successor-in-interest + 140 together in Premium processing?

[satya5574]

But if you have not filed any I-140 (As every I-140 requires original Labor ) , you wont have to file amendment, it will be brand new I-140 for this labor