i-140 successor in interest question

[mish4gc]

My company was acquired few months back (after my i-140/485 were concurrently filed 03/2004). I came to know recently that my lawyer is preparing to file a "Successor of interest I-140" , which he describes as a "new" I-140 to let uscis know that the comparny was acquired.
a) I am wondering why it took so long to do this, since the acquisition has been completed for a good few months.
b) Also, is this really a "new" I-140, is it required to be a new one or can it be just a supplement to the existing application?

c)How does it affect my I-140 RD, will I still maintain it?

In the lawyer's opinion this should not affect the processing time since uscis is adjudicating all concurrently filed i-140 at the time the i-145 is approved. Is this true? Isn't the I-140 processed and approved before the i-485 irrespective of concurrent/non-concurrent filing?

Gurus Please help !

 

[an_anonymous]

I guess the "new" I-140 that your attorney is preparing is an "Amended I-140" with the new company name. This is an amendment to your earlier I-140 with the acquisition docs etc. Probably, your attorney could have waited to see if the acquisition generates a RFE and then responded with the acquisition docs. But again, every attorney is different and your attorney wants to do it proactively which is sometimes good. But from your post, looks like there has been a delay in filing the amended I-140.

There are couple of people who have filed "Amended I-140". Check the forums to see if this caused any delay. Your RD (original RD of your earlier I-140) should get carried to your new amended 140.

Looking at the recent trends, for concurrently filers, USCIS is processing both 140 and 485 applications together (if all the requirements are satisfied like FP etc). There are many instances where 140 gets approved and the 485 then gets approved after a week or two.

Good Luck. Let us know how your applications gets processed...