Can I retain my priority date. Please Help !!!

[srinivkk]

My Priority date: March 2004

I am waiting for my Federal Labor Approval.

My company is bought by another company. They are moving my position from Ohio to Illinois.

My company is saying that they need to start my labor again. Will I be able to retain my Priority date?

Any help is highly appreciated.

Thanks

 

[newbies]

My Priority date: March 2004

I am waiting for my Federal Labor Approval.

My company is bought by another company. They are moving my position from Ohio to Illinois.

My company is saying that they need to start my labor again. Will I be able to retain my Priority date?

Any help is highly appreciated.

Thanks

Of course NOT since you don't have I140 approval yet.

 

[gc_2006]

Company buyout situation

Hi unitednations,

my division has just been bought out by another company. I have an approved PERM LC with old division and have filed I-140/I-485. Initially my lawyer thinks this is a successor-in-interest case and I should have no worries about continuing the I-140/I485 - this is more important since just about now my H-1B 6th year runs out and I need to switch to EAD once I get it (online shows approved as of last week).
Since I am personally affected I am more interested if this really qualifies as successor-in-interest.

Here's some information from the closing press release:
>>Company A today announced the Company closed the previously announced sale of substantially all of the assets of its XXX test business to Company B. The XXX test assets were sold for $10.0 million, plus the assumption of accounts payable and certain other liabilities, subject to a post-closing working capital adjustment. As previously announced, Company A also retained certain accounts receivable, which were excluded from the assets sold. <<

1) My job remains at identical location (in fact same desk...)
2) I am continuing to work with the same job title and identical salary
3) New company is continuing identical activity as old company (I am on the same projects as I was before the sale).

Your company is correct.

In order to use the backlog labor the following conditions would have to exist:

New company bought substantially all the assets and liabilities of the old company.

New company is in same business as old company.

Job is in same metropolitan region as the backlog labor.

If the above three conditions are met then you can use the backlog labor to file with the new company.

However, from the information you have posted, it doesn't look like the "successor in interest" criteria has been satisified.