Help : Expecting Packet3; company got acquired!!

No need to apply for I-140 ammendment

I spoke with the Immigration officer at the NVC and she said that if the company merged or name changed etc, no need for any new I-140 or any ammendments, they just need to send the documents about theM&A changes to NVC along with the P3.
 
Are u sure

I know of a case in Mumbai consulate who got stuck for the same reason.His CP is on hold to verify the original petetion.
I got this mail from Mumbai consulate regarding Mergers/Acquisition:
N2.2-2 Change of Employer
(TL:VISA-170; 10-01-1991)a. IF the beneficiary of an approved petition
changes employers, the consular officer should send the petition to the INS
jurisdictional office. The INS will reaffirm the validity of a previously
approved petition only when there is a successorship in interest (i.e., when
the business is merged, acquired or purchased by another business). In
addition, the new employer must offer the same wages and working conditions,
offer the beneficiary the same job as stated on the original labor
certification, and must continue to operate the same type of business as the
original employer.

b. The new employer must:

1. File a new petition
2. Present evidence that it is a successor in interest
3. Present documentation showing a change of ownership
4. Present evidence of ability to pay wages offered and
5. If INS did not approve the original petition, evidence that the original employer had the means to pay the proffered wage when the certification was submitted.
 
No need for M&As.....

Your emails is if you change the employer. But if the company merged or name changed, you dont need to change the I-140. You can all the NVC tomorrow and speak with the officer. As you mentioned in your details, if its not a succeesor in interest or its not EB1 or EB2, there may be some complications. But otherwise there should not be any problem. Send the details with your P3 or if you have already sent your P3, try to submit the details to NVC well before the inerview just to avoid any complications.You can call NVC and get the confirmation. You dont need to give your case # to NVC officer to get details about this.
 
Bringing to top

Just bringing it to the top. If any of the posters who posted on this topic have successfully completed the interview, please share your experience. Did you have to amend 140? Did you go without one? etc. I am waiting for my P3 and my employer is going through M&A, being acquired. My position stays the same, not affected at all.
 
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