Company acquisition - I-140 and Labor

[nizamsh]

Hi Team,

 

Request you to read the entire info which I posted below and provide some relevant answers.

 

Current Status:

 

Currently I am working with company 'A'.  They processed my GC and I-140 got approved 2 years ago and I have already completed my 6 years on H1B visa. My I-797 is going to be expired by 18-May-2016.

 

Issue:

 

My current company 'A' got acquired by Company 'B'.  Company 'B' wants to keep me in the current job.  Meaning, they are NOT going to lay off me.  

 

Questions:

-------

   A) Do they (Company 'B')  need to file Labor certification again ? 

   B) Do they (Company 'B') need to file I-140 again ?

   C) Since my current I-797 is going to be expired by 18-May-2016, what exactly needs to be done.

 

 Can you please provide the step by step process if anyone already come across this situation. 

 

Thanks in advance to all.

 

[rohang]

1) no

2) no

3) company has to file for H1b extension, as they must have done earlier too. But this time it would be company B.

 

This is a very common scenario.

[nizamsh]

I just want to update my case here.

 

As I mentioned earlier, my old company(A) got acquired by company(B).  I have a valid I-140 from company A.  Also I-797 was valid up to 05/2016.  Also, I have completed 6 years in US.

 

After acquisition,

1. my new company filed for H1 extension in premium processing.  It got approved. happy.

2. and also, they filed "Successor of Interest"  for I-140.  It was also filed in premium processing.  But USCIS did not accept the premium processing and accepted it in normal processing.  

 

The reason they mentioned is, original labor certification was submitted with a previously filed I-140. Also, USCIS stated that they requested the original labor copies from NRC(National Records Center) and it takes 3 weeks to get the file from NRC.  They also suggested the attorney to apply for premium processing after 15 days.

 

My new company/attorney filed for premium processing and it got approved.  But I am not sure whether they kept the same porting date.  waiting for approval notice.  Hope for the best.  Thanks.

[nizamsh]

In continuation to my prior post, My priority date is as it was with the company A.  Thanks.  With this, I have provided the entire details specific to this case.  Hope it will be useful for someone who is eager to know when company acquisition happened.

[krr7931]

Hi Nizamsh,

I am in similar situation now. The info which you provided here helps me but I have one question regarding the extension. Did the new company 'company B' filed your extension with the approved I-140 which you got while you were with company A?

Thanks,

KRR7931