I-140 Pending (Company Acquired)

[GC_Questions]

Hello
I had an approved PERM (PD Jan 2009, India) from Company A (Approved in Oct 2009).
Company A got acquired by company B (Successor- in- interest) on Feb 15th 2010.
Somehow Company A lawyer was not well informed about the company A acquisition, he applied for my I-140 from company A on Feb 2, 2010. Now this I-140 got approved on Feb 22, 2010.
So basically my I-140 was pending when company A got acquired by company B.
It is Oct 2011 now. And i have following questions:
1. Is my I-140 from company A is still valid?
2. Should company B file an I-140 amendment with evidence of "successor in interest"?
3. Or should we wait for the PD to get current and file I-485 from company B alongwith "successor in interest" documentation.

I have read contradictory views on different websites. Please comment.
Thanks a lot.

[chillad2020]

I am also in similar situation. please let me know if you found any info about this..

[dudd28]

Hi,
I am in exactly the same situation. Can you please let me know what happened to your case?

thanks

[begood]

Ans

Hello

I am not a lawyer/Attorney but wen thr' similar situation. This is what may happen.

1. Is my I-140 from company A is still valid?- ANS- ( Yes but Company B has to file I140 as a Successor in Interest inorder to get pass your I-485)

2. Should company B file an I-140 amendment with evidence of "successor in interest"?
ANS-(Yes)
3. Or should we wait for the PD to get current and file I-485 from company B alongwith "successor in interest" documentation.
( It all depends how Company B wants to do it. Ideally most cases they will wait for PD to become current and then apply for 485 alongwith I-140 Successor Interest together concurrently. Applying I-140 now as Successor In Interest can also work but depends how compnay B wants to do it. Most Lawyers will advise to file together.

Filing I-140 now can save the processing time of 6 to 8 months if you do it now. Talk to Company B lawyer and let them decide. In my case they filed together after PD became current .