Labor RIR Approved but...

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njdude26

Registered Users (C)
Labor RIR Approved but...

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Company A had applied for an RIR Labor app in Oct'2002. In Mar'06 we got a letter saying that case was closed. Then the attorney asked it to be reopened and it was reopened. Then now end of Aug we got the approval.
Im in my 8yr of extension based on this RIR.



Ok since then in early 2004 Company B bought Company A. Then in Mid 2004 Company C bought Company B. Attorney at that time said i dont need to file any H1 and can stay in the H1 from Company A because it was a successor of interest !
but now the attorney is saying that it will be very difficult to prove this is a successor in interest and there is no way we cna get the I140 approved.

So..

1. What do you guys think ? Has anyone gone thru' something like this. Any ideas ? I have also applied for PERM with the current company.

2. How long can I continue without filing I140 for the labor that was approved.
 
Similar situation

My company (Company A) applied for my labor in 2002 and got approval in late 2005 and by then part of my company (A) assets bought by company B and i am working for Company B. Also i was in 7th year extension and i got the extension for Company B by showing company B as successor of interest for company A. I am able to apply for my I140 from company B and got approval in less than 3 months.

So if u are able to get 7 th year extension from comapny C saying this company is successor in interest fro company A, then you should be able to get I40 approval also on same line. We produced purchase agreements also when we applied for I140.

You can wait for ur PERM approval and can apply based on that also (if your 8th year extension is not ending sonn) but you may loose your priority date of 2002.
 
chanhar said:
My company (Company A) applied for my labor in 2002 and got approval in late 2005 and by then part of my company (A) assets bought by company B and i am working for Company B. Also i was in 7th year extension and i got the extension for Company B by showing company B as successor of interest for company A. I am able to apply for my I140 from company B and got approval in less than 3 months.

So if u are able to get 7 th year extension from comapny C saying this company is successor in interest fro company A, then you should be able to get I40 approval also on same line. We produced purchase agreements also when we applied for I140.

You can wait for ur PERM approval and can apply based on that also (if your 8th year extension is not ending sonn) but you may loose your priority date of 2002.
Click to expand...

Thanks Chanhar for the response. Would you know how long is the approved Labor valid before which I will have to file the I140 ? ie. how long can i delay filing the I140 ?
 
As of Today there is no time limit. But they are talking about having a time limit few months back issues a statement and asked for public comments and then they removed that proposal. They may come with a time frame in near future but as of today, u can wait any length of time.
 
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