EB3 to EB2 and I-140 Refile
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.
I want to thank Attorney Khanna and Attorney Sheena for outstanding service to resolve a complicated case with multiple filings involving more than one law firms. Attorney Sheena was extremely dedicated, absolutely quick in her responses and worked through the snow storm to get our issues resolved. It is always great to have an attorney who looks out for you and is approachable. I would definitely recommend them to anyone in the future who require immigration assistance. Regards. Dr. RP