Company Asset Buying and I-140 Question

[aparguys]

Company Asset Buying and I-140 Question

Hi All,

I have filed my 140, 485 concurrently.

My company is selling its assets (Software and manpower) to another company. My I-140 is not approved yet.

My question is

a)Can I apply for amendment of I-140 from the new company.
This is because I believe that H1-B and 140 are also assets for the company. If this is true can I join the new company and apply
for the amendment?.

b)The original company will exist for one more year. There won't be much financial activity though.
Should I just wait until my I-140 gets approved or wait for an RFE in case there is one before I do anything with the I-140.



I appreciate everybody's reply to this question.


Thanks

 

[al_paso]

I had a similar situation for my H1B. I was told by the company lawyer(old company) that H1B (like I-140) is the company's petition hence company asset and would be transferred via
successor-in-interest clause.
I think this should be the case with I-140 as well.
When you said "buying asset" it rang a bell and I wanted to share what I knew.
Please consult your lawyer for valid information.

 

[aparguys]

Thanks al_paso.

Thanks al_paso.