Guestbook Entry for Ravita Maharaj, United States
Name
Ravita Maharaj
Country
United States
State
MD
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EB3 to EB2 and I-140 Refile
Question details
I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business.
1. The new company B is in same County and State(but different cities).
2. I Will be doing similar or same work in a similar position.
3. H1B transfered from Company A to Company B.
1) Can company B use Company A Labor certicate and refile the I-140 again?
2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?
Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.
Rajiv is certainly an expert on Immigration Laws and will give you your options, straight up. He has retained staff who are professional, helpful and supportive. Many, many thanks to Diane Lombardo, who was always available and also to Leila and Suman, who would return calls and e-mails in a timely manner. This is a Law Office which allows you to maintain sanity through the tedious and complex INS process, and one which I highly recommend.