Do I need to redo the PERM after company being merged/acquired?


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Dear, Friends


I have a question regarding to the merging or aquistion during the PERM process.


My department is going to be merged/acquired. My understanding of mergeing/aquisition here is:


I am still providing the same level of service to the same people at the same office location.


Just before the aquistion, my paycheck/employmentship is under company A. And now my paycheck and employmentship is under company B.


Since I have this pending LC case, company A is nice enough to agree to keep me stay behind until my I-140 being submitted and approved.


Once my I-140 being approved, ideally it should be next March or May, I will start transfering over to company B.


The tricky part is that company B is commercial, and company A is non-profit.


So company B will apply a cap-subject H1B visa for me on April 2015, and if I am lucky enough to get the quota, I can start to work for company B on Oct 2015. If I didn't get the cap-subject visa, company B is going to try on 2016. And I will stay with company A.


Here is what I find online:


When a company undergoes a merger, or acquision during the labor certification process and there is no change to the worksite location, job title, job description, or salary, the new acquiring company may use the underlying labor certification.  If the labor certification has not yet been approved, the acquiring company may generally use it.  Where the I-140 petition has been approved, the acquiring company must file a new I-140 petition, but may use the underlying approved labor certification filed by the acquired company.

The law allows a worker with an approved labor certification and I-140 petition to continue to use the labor certification where the employee moves to a new employer that is a “successor” to the old company that filed the labor certification.  USCIS considers an entity to be a successor in interest when it has taken over all of the obligations, liabilities, rights, and assets of the original business and continues to operate the same business operated by the original business. 



Does this mean after I receive approved I-140, I don't need to redo the PERM from scratch once I transfer over to company B?


I will be under company B's employmentship but providing the same service to the same users in company A and doing the same job I did at compnay A. it is just my department being "sold' from company A to company B.


Just want to know if I can use the LC and approved I-140 from company A to wait for my priority date become current and submit the I-485 while I am working for company B.


Thank you for the time and help.




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Be sure you get their promises in writing and have that document read by an attorney. It sure sounds odd what you are reporting especially since you are at a non profit at this time and are being treated very differently than other employees in your work group.

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