I-140 approved... employer is getting acquired... change of location with new employer

[arizonian]

Hello Experts,

 

With Company-A my PERM and I-140 are approved (EB2, PD Sept 2012). I have a job offer from Company-B in a far off location (different state). The Company-B agrees to start my GC process within 90 days of new job start. In a recent news release, the company-B is about to acquire company-A very soon (most likely it would be a successor-in-interest). In this scenario:

 

1. Can Company-B start a new GC at new location when I already have a GC started with company-A (soon to be acquired by Company-B)?
2. If ‘yes’ for above: Company-A doesn’t withdraw my I-140 & Company-B starts new GC process; if before I have my new I-140 approved, my earlier priority date becomes current, can I possibly return to the old job profile and job location of Company-A (now part of Company-B) and file I-485?

[JoeF]

If company B is the successor-in-interest of company A, the existing process generally could continue, and just an amendment with the new company name would be required.

However, if your new job is in a different location and the LC doesn't list that location, you may have to start from scratch.

You need to discuss this with your lawyer.

[arizonian]

Is it legal to start a new GC process with company-B after it has acquired company-A (with which I-140 is approved)? In other words, can one company file multiple labor certifications (PERM) & I-140?